Louis D. Brandeis: A Life

reviewed by Erwin Chemerinsky

Melvin Urofsky's brilliant new biography of Louis Brandeis makes a compelling case that Brandeis was the most important Supreme Court justice in the 20th century, and one of the nation's most important lawyers and activists. During his 23 years as a justice, Brandeis articulated views that ultimately became the law on topics such as freedom of speech, privacy, and the application of the Bill of Rights to the states. As a lawyer, he helped to expand the attorney's role as both a problem solver and a mediator. Moreover, he led the American Zionist movement at a crucial time.

Although there are a number of excellent biographies of Brandeis, Urofsky's is sure to be regarded as the definitive work. It is the product of decades of interviews and painstaking archival research. Rarely does finishing a 756-page book (excluding notes and the index) leave the reader wishing for more, but Urofsky's engaging writing style and fascinating material has just that effect.

As with any good biography, Urofsky tells the story of Brandeis's early years to show how he was shaped by his upbringing and how, like any great person, he was in the right place at the right time. For example, Brandeis entered Harvard Law School in 1875 at age 19 without a college degree, after he had studied in Europe while traveling there with his family. Had he been born a few years earlier, he would have learned law by apprenticeship and missed the profound influence of the new curriculum at Harvard Law School that was created by Dean Christopher Columbus Langdell. Had he been born a few years later, Harvard likely would not have accepted him based on his skimpy academic accomplishments.

Urofsky describes the four phases of Brandeis's career: as an attorney representing private interests; as a lawyer engaged in a great deal of pro bono work; as the leader of the American Zionist movement; and as a Supreme Court justice. In each, Brandeis was hugely successful.

As a lawyer for private clients, Bran-deis represented a wide array of clients and coined the phrase "lawyer for the situation." Sometimes he would represent seemingly conflicting clients in order to reach agreements among them. For example, he was called on by both labor and management to resolve some of the most difficult problems, including a strike by garment workers.

Increasingly, Brandeis turned his attention to public service, earning the title "the people's lawyer." In this role, he accomplished a great deal, including arguing key cases to the Supreme Court to uphold progressive legislation.

Although Brandeis was not an observant Jew, he took over active leadership of the American Zionist movement in 1914, and Urofsky shows how he micromanaged it for several years, remaining involved even while a Supreme Court justice. Urofsky shows that Brandeis played a pivotal role in expanding support for the creation of a Jewish state by articulating how Jews in the United States could be both loyal Americans and Zionists.

After a bruising confirmation battle, Brandeis became one of the most renowned justices in American history. Urofsky devotes several hundred pages to this part of Brandeis's life. He describes in detail Brandeis's role on the Court, including his relationship with his fellow justices and his decisions in countless areas of law.

Urofsky paints a rich portrait of Brandeis's life, telling of his family, his avocations, and his work. The reader never doubts that the justice was a truly great human being who managed to be both an idealist and a pragmatist. The book is everything that a biography can be, and likely it will be regarded as one of the best biographies of a Supreme Court justice ever written.

Erwin Chemerinsky is the dean and a distinguished professor of law at the UC School of Law in Irvine

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