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I think he's [Louis Brandeis] a great model for…

“I think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in…” quote by Jeffrey Rosen
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“I think he's [Louis Brandeis] a great model for progressive justices today who want to answer the originalists. It's not that the original paradigm cases are irrelevant, but you have to focus on the values the framers were trying to protect, not on the means with which those values were invaded in the 18th century.”

Jeffrey Rosen

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

The quote argues that modern progressive judges should prioritize the underlying values the framers intended over the historical methods they used.

In simple terms: Focus on original values, not old methods.

Key Takeaway

Judge based on core values.

Themes

law interpretation progressivism

Mood

thoughtful analytical

Type

legal philosophical

When to use this quote

  • court decisions
  • policy making
  • legal education

Key Concepts

originalism living constitution judicial philosophy

Questions to Reflect On

  • How can judges identify framers' true values?
  • What risks arise from ignoring historical means?
A Different Perspective

Balancing historical context with contemporary values is challenging.

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