Today in Supreme Court History: November 13, 1856

11/13/1856: Justice Louis Brandeis's birthday.

Justice Louis Brandeis

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[JoeFromtheBronx]

President Wilson's biggest SCOTUS nomination, not including kicking the asshole (McReynolds) upstairs.

Brandeis joined McReynolds (along with Holmes) to dissent in the executive power case, Myers v. U.S., involving executive removal power of inferior officers. McReynolds had his moments.

Humphrey's Executors limited the ruling. OTOH, that might be a dead man walking.

Holmes noted: "My brothers McREYNOLDS and BRANDEIS have discussed the question before us with exhaustive research, and I say a few words merely to emphasize my agreement with their conclusion."

McReynolds often did not provide "exhaustive research" and has been criticized overall for being lazy. OTOH, Brandeis was known to do so, using his dissents particularly as a sort of law review article and/or policy argument in support of various causes.

See, e.g., his dissent in Olmstead v. U.S., which adapted his long ago privacy rights article into constitutional terms.

He also regularly did so to explain how such and such policy struck down by the Court was at least reasonable. Brandeis was a prime example of a justice who spoke for the future.