Only Time Will Tell : The Great Dissenting Duo

Many of us would give up the instant we realize that our words have no impact. However, there are some of us who would go on ahead and disagree, including former Supreme Court Justices Holmes and Brandeis. In a time of pro business and extensive judicial interference in the government, the two became a duo who opposed the decisions of their fellow Justices. What they brought up was a change to the court that we see even today.

Justice Holmes, most well known as the Great Dissenter, was a key part of the Supreme Court for many years, serving for thirty years. During this time, he became famous for protecting free speech and disagreeing with the "freedom of contract" decisions of the rest of the Court. Credited for the modern view of free speech in the case Abrams v. United States, Holmes dissented and explained that free speech is protected, whether or not you agree with it. Furthermore, there are still restrictions on free speech, but these only occur when free speech begins to infringe on the rights of others. This was an opinion that was vastly different from the common views of the time, and were the corner stone for the evolution of free speech as we know it. 

He continued to dissent, specifically regarding the Supreme Court's stance on business and the rights of the people. In the case Lochner v New York, he defended New York's right to pass a law regulating work hours for bakers. While this decision may seem noble at first glance, his motives were less noble. Instead, his reasoning was that such a law had been passed by the officials of New York, who had been elected democratically. Who was he to disagree with the policies passed by the representatives of the people? Additionally, his job as a Justice was to interpret the Constitution, and simply said, the Constitution did not regulate business or the economy. He believed that his fellow Justices were enforcing their own ideals about the law rather than looking at it objectively through the lens of the Constitution. 

Holmes slowly began gaining support from new Justices, eventually becoming a part of the great dissenting duo with Justice Brandeis. The first Jewish Justice on the Court, Brandeis fought an uphill battle for his confirmation, a mix of antisemitism and and fear of his radical ideals his main obstacle. Fellow Justice William O. Douglas later wrote, "He was dangerous not just because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible". Known as the "People's Lawyers" , Brandeis proved to be a voice for the common person. He defended the liberties of the individual and rejected the incursion of states on a citizen's liberties.

 Together, Brandeis and Holmes began planting the seeds of the modern Supreme Court, outlining a branch of the government that's duty was to help the people. While Holmes never lived long enough to see the Court change its ways, his actions had a large impact on the future of the judicial branch. He instilled the idea of what the Supreme Court's responsibility was in following Justices and eventually, with the court packing bill, the Court did shift into the ideals he had been advocating for. It goes to show that sometimes, a little perseverance goes a long way and that maybe, if Brandeis and Holmes had been unwilling to speak out, the judicial branch we see today may have turned out differently.  

Sources : 

http://www.history.com/topics/oliver-wendell-holmes-jr

https://www.theatlantic.com/national/archive/2013/08/the-most-powerful-dissent-in-american-history/278503/

https://www.thenation.com/article/a-billionaires-republic/

https://www.brandeis.edu/legacyfund/bio.html

http://www.historynet.com/the-9-greatest-supreme-court-justices.htm