The Progressive Mind
posted by Gerard Magliocca
“There is a growing feeling that the individualistic theory has been pushed with too much stress upon the dry logic of its doctrines and too little regard for their practical operation from the humanitarian point of view. We are discovering that we cannot always regulate our economic and social relations by scientific formulae, because a good many people perversely insist upon being fed and clothed and comforted by the practical rule of thumb rather than by the exact rules of logic.”
Who said this? Not Holmes or Brandeis. It was Senator George Sutherland in 1913, arguing in favor of workers’ compensation laws. One of the issues that I want to explore in my research on the Justice is how and why he went from being a moderate progressive in the Senate to a conservative on the Court.