Comments on: Louis Brandeis http://www.concurringopinions.com/archives/2009/10/louis-brandeis.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Kelly http://www.concurringopinions.com/archives/2009/10/louis-brandeis.html/comment-page-1#comment-75431 Kelly Mon, 09 May 2011 01:20:45 +0000 http://www.concurringopinions.com/?p=21358#comment-75431 I wrote to Mr. Urofsky and asked him, and he kindly replied; one must take the decision in the context of the times. Eugenics at that time was not considered the junk pseudoscience that it is today. And it was not known that Carrie buck was raped, nor that her child was of normal intelligence. The progressive cause had a major blind spot when it came to race relations (although Brandeis always voted in favor of civil rights), so it's not inconceivable that the progressive such as Brandeis would miss this. It would have been nice if he had dissented, but he ruled as someone of his class, education, position and, most importantly, a man of his times, would have. Although I am completely sure he would have been horrified to hear of Nazi defendants at Nuremburg using it in their defense... I wrote to Mr. Urofsky and asked him, and he kindly replied; one must take the decision in the context of the times. Eugenics at that time was not considered the junk pseudoscience that it is today. And it was not known that Carrie buck was raped, nor that her child was of normal intelligence. The progressive cause had a major blind spot when it came to race relations (although Brandeis always voted in favor of civil rights), so it’s not inconceivable that the progressive such as Brandeis would miss this. It would have been nice if he had dissented, but he ruled as someone of his class, education, position and, most importantly, a man of his times, would have. Although I am completely sure he would have been horrified to hear of Nazi defendants at Nuremburg using it in their defense…

]]> By: Friday Round-up | SCOTUSblog http://www.concurringopinions.com/archives/2009/10/louis-brandeis.html/comment-page-1#comment-65938 Friday Round-up | SCOTUSblog Fri, 16 Oct 2009 13:54:07 +0000 http://www.concurringopinions.com/?p=21358#comment-65938 [...] Concurring Opinions, Gerard Magliocca reviews Melvin Orofsky’s new biography of former Justice Louis Brandeis.  Last [...] [...] Concurring Opinions, Gerard Magliocca reviews Melvin Orofsky’s new biography of former Justice Louis Brandeis.  Last [...]

]]> By: Daniel S. Goldberg http://www.concurringopinions.com/archives/2009/10/louis-brandeis.html/comment-page-1#comment-65935 Daniel S. Goldberg Fri, 16 Oct 2009 10:53:29 +0000 http://www.concurringopinions.com/?p=21358#comment-65935 Gerard, In reference to your question, of course Paul Lombardo would be in the best position to answer, but he does mention (briefly) that Brandeis concurred in the decision, and may give some mention of his attitude on eugenics (I do not recall at this point). My own position, informed by the history of eugenics in the U.S., is that given Brandeis's class and position, it is not entirely surprising that he would at least tacitly accept if not endorse eugenics ideas. I am aware of no evidence suggesting that he was an outright proponent of eugenics discourse, but even as the power and scope of eugenics in American society was beginning to wane by 1927, I would generally be more surprised if a person of his class, status, and privilege would outright reject eugenics that I would be to learn that such a person at least allowed for some semblance of eugenics, even if not taken as far as Harry Laughlin would wish. Gerard,

In reference to your question, of course Paul Lombardo would be in the best position to answer, but he does mention (briefly) that Brandeis concurred in the decision, and may give some mention of his attitude on eugenics (I do not recall at this point).

My own position, informed by the history of eugenics in the U.S., is that given Brandeis’s class and position, it is not entirely surprising that he would at least tacitly accept if not endorse eugenics ideas. I am aware of no evidence suggesting that he was an outright proponent of eugenics discourse, but even as the power and scope of eugenics in American society was beginning to wane by 1927, I would generally be more surprised if a person of his class, status, and privilege would outright reject eugenics that I would be to learn that such a person at least allowed for some semblance of eugenics, even if not taken as far as Harry Laughlin would wish.

]]>