Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 905) recognizing the 70th anniversary of the retirement of Justice Louis D. Brandeis from the United States Supreme Court. Mr. Speaker, I ask unanimous consent…
Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 905) recognizing the 70th anniversary of the retirement of Justice Louis D. Brandeis from the United States Supreme Court.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on the resolution under consideration.
I yield myself such time as I may consume.
Mr. Speaker, this resolution honors Louis D. Brandeis, one of America's greatest jurists and legal minds, on the occasion of the 70th anniversary of his retirement from the United States Supreme Court.
In any listing of great Supreme Court justices, Brandeis would have to be among one of the top three. Among his lasting accomplishments, he has greatly influenced constitutional jurisprudence, especially in the areas of labor relations, free speech, right to privacy, and women's suffrage.
Louis Brandeis was born in Louisville, Kentucky, to Jewish parents who had emigrated from Europe, having come from Bohemia after the Bohemian Revolution trying to create Bohemia as an independent state in the 1850s.
After graduating from Harvard Law School at age 20 with the highest grade average in the college's history, he embarked on a legal career in which he devoted so much of his time and energy to important social justice causes--often pro bono--that he became widely known as ``the people's lawyer.'' Indeed, he pioneered the pro bono legal tradition. In a ranking of lawyers in America, he would have to rank among the top 10, independent of his 23-year service on the United States Supreme Court. He was allowed to enter Harvard Law School even though he wasn't a high school graduate, and he graduated prior to the requisite age of 21 and he was given his degree by special resolution.
His significant contributions are so numerous that it would be impossible to discuss them all, but I will mention a few. In 1890, he and his law partner, Samuel Warren, published an article in the Harvard Law Review entitled The Right to Privacy, which is credited with creating the foundation for that right in American constitutional law. Brandeis felt one of the most significant parts of the American experience was people's right to be left alone and that's where the right to privacy came into his thinking as he expressed it in his law work.
He took on the life insurance industry and J.P. Morgan's railroad monopoly. He was a leading advocate for stronger labor protections. He was a strong advocate for States having the opportunity to go into new endeavors and said that the States were the laboratories of democracy; that we had a number of States--today 50, less when he was serving on the Supreme Court--but that each had the opportunity to try some particular new idea and see if it worked so the other States could rely on the work of that State to see whether it should expand and be used throughout the country.
The laboratories of democracy were important as States, such as California, looked at medical marijuana and the other States could then learn, and that spread throughout 12 or 13 other States, but there was an opportunity to learn, rather than doing it all at one time and seeing if one policy fit the whole Nation. He was a chief economic adviser to President Woodrow Wilson, and helped develop the Federal Reserve Act and the Federal Trade Commission Act. In 1916 President Wilson nominated him for the Supreme Court. He became the first Jewish Supreme Court Justice, where he continued his work on great legal issues and left a lasting legacy in American jurisprudence.
Unfortunately, in his confirmation hearing, anti-Semitism was one of the issues that came about and was raised in the Senate. But our country overcame that, and he became the first Jewish Supreme Court Justice.
Through this resolution we recognize and celebrate the 70th anniversary of the retirement of Justice Brandeis from the United States Supreme Court, and remember, with deep gratitude, his many contributions to our Nation's life and to the founding also of the State of Israel.
I reserve the balance of my time.
Mr. Speaker, I yield as many minutes as the gentleman from Kentucky (Mr. Yarmuth) needs. Mr. Yarmuth is the genesis of this particular resolution. He hails from the same city that Justice Brandeis did and brings this to memorialize this man's great talents.
I appreciate Mr. Yarmuth bringing this resolution and his comments. I reserve my time.
Mr. Speaker, indeed, Justice Brandeis had a great impact on this country, not only as a jurist, as we've mentioned, but as a lawyer. And one of his innovations was something called the Brandeis Brief, where not only were precedents used to make an argument but social data, factual data about changes in society to support the Court's positions.
Brandeis was not alive at the time of Brown v. Board of Education of Topeka, one of the great decisions of our Supreme Court, but it was a Brandeis Brief argument that was used to win that case, for there was little law on the subject that was favorable, but there was much social analysis and facts that helped the Court make its decision that separate, in fact, was not equal, and that we needed a change in this country that we had in 1954 that we're continuing to experience today.
Justice Brandeis had many quotes which were of great significance, one of which is inscribed in the walls of Congress, I think just beneath this Chamber on the first floor. If you look up towards the ceiling, The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding. That quote, which is inscribed on the walls of Congress, is one that I've long thought about, and people making arguments that sometimes are well meant but they take away from the rights that people should have in this country and freedoms.
Brandeis also said we can have democracy in this country or we can have great wealth concentrated in the hands of the few, but we can't have both. And that thought permeates much of what we debate in this Congress today and see as the differences in wealth grow greater and greater.
Indeed, Georgia O'Keeffe, one of my favorite painters, and Warren Zevon, one of my favorite songwriters, singers and friends, would appreciate this resolution today, for the right to be alone, the most comprehensive of rights and the right most valued by civilized man, was something Louis Brandeis espoused, as did O'Keeffe and Zevon. Justice Brandeis said the most political office is that of a private citizen. And I think we should all remember that.
Mr. Speaker, I yield back my time.
Mr. Speaker, on that I demand the yeas and nays.