Notes
In a highly provocative assertion, Gombrich said, “Of course I know of many very cultured Jews, but, briefly, I am of the opinion that the notion of Jewish culture was, and is, an invention of Hitler and his fore-runners and after-runners” (Brix 1997).
It is interesting to note that Frankfurter had requested that his Orthodox former law clerk, Louis Henkin, recite the memorial Mourner’s Kaddish in Hebrew at his funeral. He was quoted in the Atlantic as having said, “‘I came into the world a Jew, and although I did not live my life entirely as a Jew, I think it is fitting that I should leave as a Jew.’” (as Dalin notes on pp. 175–176).
One cannot help mentioning that Justice Kagan humorously referred to her religious background in her confirmation hearings in what is still considered to be one of the great rejoinders in the history of Supreme Court confirmation hearings. When U.S. Senator Lindsey Graham R-S.C.), preparing to question the nominee about terrorism by discussing the attempted bombing of Northwest Airlines Flight 253 on December 25, 2009, asked if she remembered where she had been that Christmas Eve, she quipped, “You know, like all Jews, I was probably at a Chinese restaurant.” (as Dalin notes on pp. 265–266).
As Dalin notes, Justice Kagan quoted Washington’s letter in her powerful dissent from the Court’s ruling in Town of Greece v. Galloway, 572 U.S., 134 S. Ct. 1811, 1853–1854 (2014), which permitted the New York town to have volunteer chaplains open each of its legislative sessions with a prayer.
References
Blaustein, Albert P., and Roy M. Mersky. 1972. Rating Supreme Court Justices. American Bar Association Journal 58 (11): 1183–1189.
Brix, Emil. 1997. The Visual Arts in Vienna c. 1900: Reflections on the Jewish Catastrophe. Austrian Cultural Institute, Occasions, The Austrian Cultural Institute London 1: 40. Retrieved from https://gombricharchive.files.wordpress.com/2011/04/showdoc28.pdf.
Farber, Daniel A. 1995. Reinventing Brandeis: Legal Pragmatism for the Twenty-First Century. University of Illinois Law Review 163: 177–184.
Frank, John P. 1965. The Legal Ethics of Louis D. Brandeis. Stanford Law Review 17: 683–702.
Ginsburg, Ruth Bader. 2002. From Benjamin to Brandeis to Breyer: Is there a Jewish Seat? Brandeis Law Journal 41: 229–235.
Kurland, Philip B. 1957. Mr. Justice Frankfurter, The Supreme Court and the Erie Doctrine in Diversity Cases. Yale Law Journal 67: 188–191.
Lawrence, Frederick M. 2017. The Enduring Legacy of Louis D. Brandeis’s Free Expression Jurisprudence. Touro Law Review 31: 131.
Sarna, Jonathan D. 1992. Louis D. Brandeis: Zionist Leader, Brandeis Review (Winter 1992). Retrieved from https://www.brandeis.edu/hornstein/sarna/americanjewishcultureandscholarship/Archive4/LouisD.BrandeisZionistLeader.pdf.
Schwartz, Bernard. 1995. Supreme Court Superstars: The Ten Greatest Justices. Tulsa Law Review 31 (1): 122.
Solove, Daniel J. 2008. Understanding Privacy. Cambridge, MA: Harvard University Press.
Steinman, Adam N. 2008. What Is the Erie Doctrine?—(and What Does It Mean for the Contemporary Politics of Judicial Federalism?). Notre Dame Law Review 84: 246–258.
Turley, Jonathan. 2009. The 9 Greatest Supreme Court Justices. American History Magazine. Published online on July 9, 2009. Retrieved from http://www.historynet.com/the-9-greatest-supreme-court-justices.htm/.
Urofsky, Melvin I. 2009. Louis D. Brandeis: A Life. New York: Pantheon Books.
Warren, Samuel D., and Louis D. Brandeis. 1890. The Right to Privacy. Harvard Law Review 4 (5): 193.
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My thanks to Ross Silverberg, Georgetown Law class of 2018, for his editorial and research assistance.
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Lawrence, F.M. David G. Dalin: Jewish Justices of the Supreme Court: From Brandeis to Kagan, Their Lives and Legacies. Cont Jewry 37, 487–491 (2017). https://doi.org/10.1007/s12397-017-9244-3
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DOI: https://doi.org/10.1007/s12397-017-9244-3