The Brandeis-Frankfurter Conversations

Graveyard Dissents on the Burger Court

“…38 Time constraints are particularly prevalent near term's end, which Justice Louis D. Brandeis said brings about "haste and fatigue." 39 Indeed, social scientists have found that end-of-term pressures influence a variety of decisions. 40 The same seems to be true for the decision to withhold dissent.…”

Louis D. Brandeis: Advocate Before and On the Bench

“…I had not then thought the issues of freedom of speech out-I thought at the subject, not through it." 45 Once he did think the matter through, Brandeis set out to educate his Brethren, and in doing so transformed the jurisprudence of the First Amendment's Speech Clause.…”

“…If good enough for Taft, good enough for us, they say-and a natural sentiment." 66 Fully aware of the conservatism of his colleagues, Brandeis chose to do what any good educator-or advocate-would do. Don't waste time on the small issues (and in those days, before the 1925 Judges' Bill, the Court heard a lot of minor matters) but concentrate your energies on the issues that are important.…”

Chief Justice Taft and Dissents: Down with the Brandeis Briefs!

“…"Things go happily in the Conference room with Taft," he noted. 23 Possibly with some understandable envy, Felix Frankfurter believed that Taft "always had the love and affection of his colleagues." 24 Yet throughout his tenure, dissentssome of them heartfelt and eloquent-were filed, even as his fellow Justices continuously praised his leadership.…”