Did you know? · Law & Justice

Louis Brandeis, the "People's Lawyer" on the Supreme Court

Louis Brandeis, known as "the People's Lawyer", became the first Jewish US Supreme Court justice in 1916 and wrote some of the greatest defences of free speech and privacy.

Louis Brandeis
Louis Brandeis · 1856–1941
Person
Louis Brandeis
Lived
1856–1941
Field
Law
From
American

The story

Louis Brandeis was born in Louisville, Kentucky, in 1856 to Jewish immigrants from Prague in Bohemia. He entered Harvard Law School at 18 and, despite failing eyesight that forced him to pay classmates to read to him, graduated in 1877 as valedictorian with the highest grade average in the school's history, a record that stood for eight decades. In 1890 he co-wrote a Harvard Law Review article on 'The Right to Privacy' that, in the words of the legal scholar Roscoe Pound, added nothing less than a chapter to American law.

Once his Boston law practice made him financially secure, he devoted most of his time to public causes without pay, fighting for workers, consumers and small investors against powerful monopolies, and earned the nickname 'the People's Lawyer'. He also changed how cases are argued. His 'Brandeis brief' in Muller v. Oregon (1908) used more than a hundred pages of facts from doctors, social workers and factory inspectors, not only legal precedent, to show the real-world effects of long working hours, setting a new standard for evidence.

On 28 January 1916 President Woodrow Wilson nominated him to the Supreme Court. Opposition from business leaders, former President William Howard Taft and several former heads of the American Bar Association was fierce, and historians have noted that much of it was driven by antisemitism. For the first time, the Senate Judiciary Committee held public hearings on a nomination. After four months the Senate approved him on 1 June 1916 by 47 votes to 22, making him the first Jewish justice, and he took the oath on 5 June.

In 23 years on the bench, he wrote opinions that legal scholars count among the greatest defences of freedom of speech and the right to privacy ever written by a member of the Court, including his concurrence in Whitney v. California and his dissent in Olmstead v. United States. He is regularly ranked among the greatest justices in the Court's history.

Brandeis retired in 1939 and died in 1941. Brandeis University in Massachusetts, the law school of the University of Louisville and Kibbutz Ein Hashofet in Israel bear his name, and in 2009 the US Postal Service put him on a stamp as a champion of free speech and privacy.

Why it matters

Brandeis helped give Americans a legal right to privacy and stronger protection for free speech, and his evidence-based briefs changed how courts weigh social reform.

About Louis Brandeis

“The People’s Lawyer” who became the first Jewish Supreme Court justice in 1916, wrote classic defences of free speech and privacy, and led American Zionism.

Read the full profile
Louis Brandeis
1856–1941 · Law
View profile →

More about Louis Brandeis

Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

More in Law & Justice

On kindness & the treatment of others
“A friend is devoted at all times; a brother is born to share adversity.”
Proverbs 17:17