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Supreme Court — Part 19

107 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 107 pages OCR'd
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he was one of the rare : ‘al whom the times pever "eaugnt up or passed. First, . arguments. as» lawyer, then his dip iwenting opinions foreshadowed the Patan ee ; he ‘in the 1952 Oklahoma Ice Case “Mecision, for exemple, which invali- sdated @ State Jaw regulating com- petition in the ice business, Bran- deis’ dissent was a forecast of the] } |New Deal He wrote: “To stay experimentation in f social and economic iz a gave responsibility. Denial of the Tight to experiment May he fraught with serious consequences to the Nation, .,. There must be a power in the States and the Nation ta re- ‘mold, through experimentation, our ‘@eQnomic practices and institutions to meet changing social an@ eco- nomic needs. It is one of the happy incidents of the Federal system that wm singl}, courageous State may, if fils cititens choose, serve as a ‘lab- oratoryf and try novel social and economic experiments without risk ‘to the fst of the country, “This court has the power to pre. jvent experiment... But in the ‘exercise of that power we must be ever on our: guard ,.. If we would ‘guide by the light of reason, we must let cur minds pe bold.” Backed New Deal Ten Times in 16 major legislative tests dure ing the New Deal, Brandeis sided with the Administration 10 times, He wrote the majority decision that upheld the gold devaluation, voted with the minority when the agri- cultural adjustment act was de- clared void, but he sided with the Zonjority which outlawed the na- tional recovery act. By a strange paradox, Brandeis had already become a legend while still the most creatively vita) and effective. legal philosopher in. America. ; . ' At the dame time when he was quittly but effectively aiding,. by aay ce and by cash, the newest came celebre in labor's rights—the | OTB izati 8 1, te x lization of Southern farm { nte—he had become a legend ministratlvely connected with the statute in question, again when a law was debated which he had Iped draft years before. How he returned @ $2500 fee to a elient when he turned to denoonce as monopolistic agreements he had once drafted. How he. declined to accept a fee, in order to remain on- ampered, in the railroad merger cases, but paid out of his own pocket $25,000 to his law srm for the time he had taken from its practice. Just as Brandeis’ interest in the jabor movement stemmed from the Homesterd strike, so his devotion to the cause of Zionism came from the garment workers dispute in New York, when he first came in contact with ghetto conditions. Since his re- tirement from the Court his work in Zionist affairs increased, pick up where he left off in 1916 whdh he resigned as head of the Zipnist movement in this country. Hel was ffered the presidency of the Yorld movement in 1930 but decl The first Jew to sit on the Su- preme Court bench, Brandeis was! not active in the church despite his | leadership in Zionism. : For years Zionist groups observed his birthday with special services, One year, at such services in Jeru- selem, leaders (of Palestine colonists called the justice, “perhaps the only Jew who belongs to the histories of two péopies, the Americana and the Jews,” ‘Long before his death, Brandeis did the impossible in reclaiming the unstinted approval of thoss who once had reviled him. Taft and Sen- ator Borah (Republican), of Idaho, who also opposed his appointment, apelogized. Even hig bitterest op- ponents in business have Jong since foresworn thelr attacks, a Commanded Affection But Brandeis gained more than ree spect and admiration. Young friends whom he helped and taught and to whose troubles he listened, affec- tionately referred ta him as “God," holding that his judgment wes in Jeagues on the court wrote him of fallible. On his retirement, his | wet reason, we must bla" *-Another fy a marker In St. Louis ion. ‘the spot where he began aap Wu -Since retirement, Brandei¢ had t much of his time in his simple ady at his California Street hom ading and writing. He w. and motored much,: — “In his more active years he was enthusiastic canoelst and at one time indulged also in water spocts, ‘Never during his long residence ashington did he participate din ial activities of the Capital, thouth for years he held housi) weekly for his friends. a2 obMbly at the insistence of i randeis, regarding his advaniing age, Sunday aftegnoon teas, ypith nyited guests +. Were WK tuted for these pffairs, * The gatherings, were attend largely by young mien, many in Government service, who found dim a source of unfailing encour- agement, Many of them bore names Lic affsirg, phason is Pa | llosophy, the law, Jet-* ters or aome other branch af en- deavor, . His lack of Interest-in the con- ventional social activities of the apital ig exemplified in his failure on a number of occasions to attend even the President's annual recep- tion in honor of the Supreme Court Sustices, Despite his Southern birth ang rearing, Brandeis remained a New Englander by residence and always ‘poke with a New England accent. Although he was regarded as wealthy, Brandeis always lived sim- ply. He was a consistent son- versity et Louisv alma paters, nn ; One of his donations to this rsity was seven packs of per pers. He instructed that the ain sealed until bis Gea, ad a He an ber
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