January 2013 archive

The Senate apparently will carry on as usual with threats of holds and filibuster from the minority to obstruct anything that appears to interfere with their extremist code of values and quest for something scandalous to hang on Pres. Obama or someone in his administration. Senate Majority Leader Harry Reid’s (D-NV) refusal to curb filibuster abuse is already starting to have its consequences , lead by none other than one of filibuster’s chief abusers, Sen. Lindsay Graham (R-SC).

Sen. Graham: Either Panetta testifies on Libya or I put hold on Hagel nomination

Graham said in an interview with Fox News’s “On the Record” Monday night that he would “absolutely” block Hagel unless Panetta testifies – making him the first Republican threatening to filibuster or hold Hagel’s nomination as Defense secretary.

“The one thing I’m not going to do is vote on a new secretary of Defense until the old secretary of Defense, Leon Panetta, who I like very much, testifies about what happened in Benghazi,” Graham said.

“Hillary Clinton got away with murder, in my view,” he said, referring to the secretary of State’s testimony before Congress last week. “She said they had a clear-eyed view of the threats. How could you have a clear-eyed view of the threats in Benghazi when you didn’t know about the ambassador’s cable coming back from Libya?”

Graham made a similar threat against President Obama’s nominee for CIA Director, John Brennan, when Brennan was nominated earlier this month, but this was the first time he’d suggested he’d also block Hagel over the Sept. 11 attack. While Brennan was part of the Obama administration during last year’s attack, which left four Americans dead, Hagel was not.

That was just a warm up for Lindsay.

Lindsey Graham Warns Immigration Reform Including Same-Sex Couples Will Fail

Sen. Lindsey Graham (R-S.C.) told reporters on Tuesday that it’s a mistake for the president to push for same-sex couples to be included in immigration reform, if he wants Republicans to support the bill. [..]

White House spokesman Jay Carney confirmed the news, first reported by Buzzfeed, that the president would mention his support for such a provision. [..]

There is support for such a concept from many Democrats, some of whom have signed on to bills such as the Uniting American Families Act that would specifically address the issue of same-sex couples. Sen. Susan Collins (R-Maine) is the sole Republican co-sponsor of that bill in the Senate, and told HuffPost in December that she would support its inclusion in broader immigration reform.

Sen. Chuck Schumer (D-N.Y.), another member of the “gang of eight,” is a co-sponsor of that legislation, but aides say it’s too soon to say whether it could be included in a bipartisan immigration bill.

Sen John McCain (R-Ariz.), another member of the group, made the same point.

Never mind that the Immigration Reform Bill is still in the “wish list” stage. Lindsay has his knickers in a knot because President Barack Obama said he would support  immigration for the spouses of same sex couples. Just wait until the Senate gets to the Violence Against Women Act next week, Lindsay’s gonna blow a gasket over that.

So, Harry, how’s that gentleman’s agreement with Mitch going?

In his speech to Republican Party official in Charlotte, NC, Gov. Bobby Jindal said that

“the GOP must stop being the party of stupid.” The problem there is that actions, including Gov. Jindal’s, just reinforce how stupid the GOP is, especially when it comes to the economy.

Bad news for Jindal: Florida, Texas rely heavily on property and biz taxes

by Tyler Bridges, The Lens

As he seeks to eliminate the state’s income tax, Gov. Bobby Jindal has cast a covetous eye both west and east. The tax systems in Florida and Texas should serve as a model for Louisiana’s, the governor believes.

Neither state has an income tax, he notes, and both have reputations as hospitable to business investment.

But to make Louisiana look more like Florida and Texas, Jindal’s plan would have to include two significant elements that he dislikes: taxes on business and higher property taxes. [..]

“Most states have a three-legged stool for raising revenue,” said Jim Richardson, a Louisiana State University economist who co-chaired PAR’s tax study. “Texas and Florida have two legs – sales and property – since they don’t have an income tax.” Under the Jindal plan, “Louisiana would have a one-and-a-half-legged stool – sales taxes and some local property taxes.” [..]

In an interview with MSNBC’s Rachel Maddow, Nobel Prize winning economist, Paul Krugman said it would raise the taxes on every tax dollar the poor make going against “the Republican argument that high marginal tax rates discourage work“.

“In our system, the highest marginal tax rates — the biggest disincentives to work in our system — are not for the rich. They are for lower-income workers who are in that range where if you earn a little bit more you start to lose benefits, you start to lose Medicaid, you lose housing subsidies,” the Nobel Prize-winning economist said. “This is going to raise taxes precisely on the people who actually have the biggest disincentives to work. So it’s actually, even from that old supply-side incentive thing, this is going in the wrong direction.”

In his Monday New York Times column, Prof. Krugman called the Republicans “Makers, Takers, Fakers”

Like the new acknowledgment that the perception of being the party of the rich is a problem, this represents a departure for the G.O.P. – but in the opposite direction. In the past, Republicans would justify tax cuts for the rich either by claiming that they would pay for themselves or by claiming that they could make up for lost revenue by cutting wasteful spending. But what we’re seeing now is open, explicit reverse Robin Hoodism: taking from ordinary families and giving to the rich. That is, even as Republicans look for a way to sound more sympathetic and less extreme, their actual policies are taking another sharp right turn.

Despite the lessons of the 2012 election, the Republicans, in states that are not checked by Democrats, are pushing tax policies that punish the poor and the middle class and benefit the wealthy.

While Secretary of the Treasury Timothy Geithner was packing up his office making way for the next puppet of the banks and Wall Street, Jack Lew, the top executives of major companies that were bailed out by the tax payers were getting their pay-offs.

The Office of the Special Inspector General for the Trouble Asset Relief Program — which keeps tabs on taxpayer bailouts — singled out for blame “pay czar” Patricia Geoghegan, the Treasury official tasked with reining in excessive pay increases for executives at bailed-out companies. [..]

Executives, the report contends, got pay bumps in 2012 for leading their bailed-out companies in profitable directions. But they also got raises when their units performed poorly: An executive at Ally’s residential mortgage unit saw his paycheck rise in 2012 even though Treasury knew that division of the bank was about to file for bankruptcy. The executive, Treasury said, was deemed “critical to successful restructuring.”

Another executive, at GM, saw a $50,000 pay increase not because of good performance, Geoghegan is quoted in the report as saying, but because “GM wanted to retain the employee and ‘do a little extra for him.'”

At AIG, which had by far the best remunerated executives of the three companies in 2012, the top 25 earners made nearly $108 million combined. CEO Robert Benmosche’s pay was $10.5 million. (AIG repaid its government loans in late 2012 and is no longer under Treasury oversight.)

The SIGTARP, which keeps tabs on taxpayer bailouts, is supposed to keep a lid on excessive pay for the CEO’s.  Ms. Geoghegan relinquished her authority to the companies involved to determine the size of pay increases. The result was that all but one of the 69 companies SIGTARP oversees received an annual payout of at least $1 million, and nearly a quarter received pay packages in excess of $5 million.

And the Treasury Department has sone nothing to fix the economy because under Timothy Geithner it was too busy bailing out Wall Street and the banks:

(T)he economy has already lost more than $7 trillion in output ($20,000 per person) compared with what the Congressional Budget Office projected in January of 2008. We will probably lose at least another $4 trillion before the economy gets back to anything resembling full employment. And millions of people have seen their lives turned upside down by their inability to get jobs, being thrown out of their homes, or their parents’ inability to get a job. And this is all because of the folks in Washington’s inability to manage the economy.

But the Wall Street banks are bigger and fatter than ever. As a result of the crisis, many mergers were rushed through that might have otherwise been subject to serious regulatory scrutiny. For example, J.P. Morgan was allowed to take over Bear Stearns and Washington Mutual, two huge banks that both faced collapse in the crisis. Bank of America took over Merrill Lynch and Countrywide. By contrast, there can be little doubt that without the helping hand of Timothy Geithner, most or all of the Wall Street banks would have been sunk by their own recklessness.

There is one other hoary myth that needs to be put to rest as Timothy Geithner heads off to greener pastures. The claim that we made money on the bailout is one of those lines that should immediately discredit the teller. We made money on the loans in the same way that if the government issued mortgages at 1 percent interest it would make money, since the vast majority of the mortgages would be repaid.

The TARP money and other bailout loans were given to banks at way below market interest rates at a time when liquidity carried an enormous premium. Serious people know this, and the people who don’t are not worth listening to. It was a massive giveaway, as the Congressional Oversight Panel determined at the time.

Meanwhile, states are refusing to raise minimum wages to keep the many workers from falling deeper into poverty.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

New York Times Editorial: Now We’re Talking

The thousand-mile journey to comprehensive immigration reform has begun, as you might expect for Washington, with a single memo. Eight senators, four from each party, released it on Monday: a statement of principles behind a deal to overhaul the system in one big bill. It calls for more border and workplace enforcement, more visas for needed workers and legalization – with a path to citizenship – for 11 million undocumented immigrants.

The statement lacks specifics and leaves a lot of room for disappointment and retreat. But what’s encouraging is that it exists at all. No longer does the immigration debate consist of two groups yelling across a void. No longer is the discussion hopelessly immobilized by Republicans who have categorically rejected any deal that includes any hint of “amnesty.”

Richard (RJ) Eskow: As Federal Prosecutors Cash In, Big Bankers Go Unpunished

We needed heroes after the financial crisis. Instead we got bureaucrats, compromisers, and perhaps something much worse. Federal law enforcement officials, our “thin gray line” against banker crime, were charged with restoring the balance of justice and reducing the threat of future crises. Seems they had other things on their minds.

Now the Administration’s first-term posse is riding off into the sunset. The most visible departure is Deputy Attorney General Lanny Breuer. Remember those submissive or avaricious sheriffs in the old Westerns, the ones who were always letting the bad guys run wild ?  “Sorry, Ma’am, I’d like to help you and the boy but there ain’t nothin’ I can do.”  That’s Breuer, whose shattered credibility and extreme reluctance to prosecute has become the stuff of legend.  

But he’s not the only one. Meet the senior partners in a firm that be more aptly named “Covington, Burling, and Justice.”

The shame prize award was made in Davos during the World Economic Forum as a counter-WEF event.  Shell also “won” a shame prize, but I spoke on Goldman Sachs, the role of epidemics of accounting control fraud, and the WEF’s anti-regulatory and pro-executive compensation policies.  I explained that the anti-regulatory policies were intended to fuel the destructive regulatory “race to the bottom” and why the executive and professional compensation policies maximized the incentives to defraud.  I also explained that WEF was a fraud denier.  Collectively, these three WEF policies contributed to creating the intensely criminogenic environments that produce the epidemics of accounting control fraud driving our worst financial crises.

Goldman Sachs Proof that God hates its Customers

By William K. Black, New Economic Perspectives

Posted on January 26, 2013

Goldman Sachs is a fitting recipient of the “Public Eye” shame prize, but it is vital to remember that Goldman is not a singular rotten apple in a healthy bushel.  It is characteristic of the abuses that become endemic when powerful plutocrats achieve de facto immunity from the criminal laws.

…

Indeed, this discussion understates Goldman’s culpability because Goldman’s executives were principal architects of the crisis.  Its former CEO, Robert Rubin, led the disastrous deregulation in the Clinton administration and was a leader in pushing Citicorp to become a major contributor to the hyper-inflation of the bubble.  Henry Paulson, when he was Goldman’s CEO, made Goldman a leading “vector” spreading fraudulent mortgages through the global financial system (and creating Goldman’s holdings of toxic mortgages that produced huge, fictional, accounting income in the short-term – making Paulson’s already large compensation massive).

Goldman Sachs: Doing "God’s Work" by inflicting the Wages of Sin Globally

By William K. Black, New Economic Perspectives

Posted on January 26, 2013

The central point that I want to stress as a white-collar criminologist and effective financial regulator is that Goldman Sachs is not a singular “rotten apple” in a healthy bushel of banks.  Goldman Sachs is the norm for systemically dangerous institutions (SDIs) (the so-called “too big to fail” banks).  Impunity from the laws, crony capitalism that degrades democracy, and massive national subsidies produce exceptionally criminogenic environments.  Those environments are so perverse that they produce epidemics of “control fraud.”  Control fraud occurs when the persons who control a seemingly legitimate entity use it as a “weapon” to defraud.  In finance, accounting is the “weapon of choice.”  It is important to remember, however, that other forms of control fraud maim and kill thousands.

Large, individual accounting control frauds cause greater financial losses than all other forms of property crime – combined.  Accounting control frauds are weapons of mass financial destruction.  One of the crippling flaws of the World Economic Forum (WEF) is ignoring private sector control frauds.  Control fraud makes a mockery of “stakeholder” theory.  Accounting control fraud, for example, aims its stake at the heart of its stakeholders.  The principal intended victims are the shareholders and the creditors (which includes the workers).  Other forms of control fraud primarily target the customers.  If the WEF wishes to effectively protect stakeholders it is imperative that they undertake a sea change and make the detection, prevention, and sanctioning of control fraud one of their central priorities.  WEF does the opposite, it wishes away fraud with propaganda because the alternative is to admit that many of its dominant participants are the central problem – they are degrading the state of the world.

…

WEF has been acting for decades to make banking criminogenic.  They have pushed the three “de’s” – deregulation, desupervision, and de facto decriminalization.  They have favored executive compensation systems.  They have pushed for ease of entry.  And they have spread the myth that fraud by corporate elites is “rare.”  WEF has optimized the intensely criminogenic environments that produce recurrent, intensifying fraud epidemics, bubbles, and financial crises.

WEF’s complacency about accounting control fraud has led to its embarrassing failures in finance.  It’s “competitiveness” scales and “financial market development” scales have praised the most criminogenic financial systems – Iceland, Ireland, the UK, the U.S., and Spain – even as the largest banks in those Nations were (in reality) destroyed along with the much of the national economy.  Similarly, the WEF’s “global risks” series has proven unable to identify the major financial risks until the hurricane has roared through the system.  The central problems are the same – the WEF “stakeholder” premise and the WEF’s domination by powerful corporations is an elaborate propaganda apparatus that assumes away the reality of how CEOs running control frauds use compensation (and the power to hire, promote, and fire) and political power to deliberately create the perverse incentives that produce widespread fraud.  The irony is that the WEF’s dogmas have encouraged elite frauds to drive stakes through the stakeholders.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 29 is the 29th day of the year in the Gregorian calendar. There are 336 days remaining until the end of the year (337 in leap years).

On this day in 1845, Edgar Allan Poe’s famous poem “The Raven,” beginning “Once upon a midnight dreary,” is published on this day in the New York Evening Mirror.

“The Raven” is a narrative poem by American writer Edgar Allan Poe, first published in January 1845. It is often noted for its musicality, stylized language, and supernatural atmosphere. It tells of a talking raven’s mysterious visit to a distraught lover, tracing the man’s slow descent into madness. The lover, often identified as being a student, is lamenting the loss of his love, Lenore. Sitting on a bust of Pallas, the raven seems to further instigate his distress with its constant repetition of the word “Nevermore”. The poem makes use of a number of folk and classical references.

Poe claimed to have written the poem very logically and methodically, intending to create a poem that would appeal to both critical and popular tastes, as he explained in his 1846 follow-up essay “The Philosophy of Composition”. The poem was inspired in part by a talking raven in the novel Barnaby Rudge: A Tale of the Riots of ‘Eighty by Charles Dickens. Poe borrows the complex rhythm and meter of Elizabeth Barrett‘s poem “Lady Geraldine’s Courtship”, and makes use of internal rhyme as well as alliteration throughout.

Pres. Barack Obama nominated former US Attorney of the Southern District of New York, Mary Jo White, to head the troubled Securities and Exchange Commission. The announcement comes a day after the damning PBS Fraontline expose of the Department of Justice’s failure to prosecute bank fraud and the resignation of Lanny Breuer, the head of the DOJ criminal division. Ms. White certainly has a fine reputation of being a tough prosecutor during her tenure as US Attorney, she managed something Rudi Guiliani failed to do, finally putting notorious mobster John “The Teflon Don” Gotti behind bars. However, in the 10 years since she left that office, Ms. White has worked diligently to protect the heads of the “Too Big To Fail” banks. In his Salon article, David Sirota called her a “Wall Street enabler” and goes on to enumerate the evidence:

Matt Taibbi, Rolling Stone contributing editor, in his article “Why Isn’t Wall Street in Jail,” recounts how during her tenure as head of litigation at the New York law firm Debevoise & Plimpton, Ms. White defended some very high profile bankers and played a key role in the “squelching of then-SEC investigator Gary Aguirre’s investigation into an insider trading incident involving future Morgan Stanley CEO John Mack”

   The deal looked like a classic case of insider trading. But in the summer of 2005, when Aguirre told his boss he planned to interview Mack, things started getting weird. His boss told him the case wasn’t likely to fly, explaining that Mack had “powerful political connections.”…

   Aguirre also started to feel pressure from Morgan Stanley, which was in the process of trying to rehire Mack as CEO … It didn’t take long for Morgan Stanley to work its way up the SEC chain of command. Within three days, another of the firm’s lawyers, Mary Jo White, was on the phone with the SEC’s director of enforcement…

   Pause for a minute to take this in. Aguirre, an SEC foot soldier, is trying to interview a major Wall Street executive – not handcuff the guy or impound his yacht, mind you, just talk to him. In the course of doing so, he finds out that his target’s firm is being represented…by the former U.S. attorney overseeing Wall Street, who is going four levels over his head to speak directly to the chief of the SEC’s enforcement division…

   Aguirre didn’t stand a chance. A month after he complained to his supervisors that he was being blocked from interviewing Mack, he was summarily fired, without notice. The case against Mack was immediately dropped: all depositions canceled, no further subpoenas issued.

In February of 2012 on a panel at a New York University School of Law even, Ms White expressed her doubts about whether banks had committed crimes ahead of the financial crisis stating that care should be taken to “distinguish what is actually criminal and what is just mistaken behavior, what is even reckless risk-taking, and not bow to the frenzy.”

Another point of conflict is Ms. White’s husband. Yves Smith at naked capitalism notes that “John White, who headed the SEC’s corporate finance section under Chris Cox and was heavily involved in detailed Sarbanes Oxley rulemaking, and now that he is back at Cravath, has been lobbying against regulation.”

Nor does Ms. White have a background in finance or the “inner workings of the trading system:”

Although she has represented many executives accused of financial crimes, White is not an expert on the inner workings of trading systems, a lack of knowledge that may not serve her well as the SEC struggles to keep up with rapid changes in increasingly complex financial markets.

“The problem with the SEC is that they don’t seem to have a grip on” high-frequency trading and other major issues affecting modern financial markets, said Joe Saluzzi, co-head of equity trading at independent brokerage Themis Trading and a frequent critic of high-speed trading. “We’re concerned about cleaning up the market, and we need the SEC to take the lead here.”

Her background puts to question how aggressively White might prosecute financial fraud and enforce new rules under the Dodd-Frank financial reform law — most of which have not yet been adopted by the SEC.

Matt Taibbi recounts a conversation he had with a head fund manager regarding Ms. White’s:

His point about White is simple and it makes a lot of sense. She may very well at one time have been a tough prosecutor. But she dropped out and made the move a lot of regulators make – leaving government to make bucketloads of money working for the people she used to police. “That move, being a tough prosecutor, then going to work defending scumbags, you can only make that move once,” was his point. “You can’t go back again, you know what I mean?”

Think about it: how do you go back and sit in S.E.C.’s top spot after all of those years earning millions as a partner for a firm that represented Morgan Stanley, Bank of America, Goldman, Sachs, Deutsche, Chase, and AIG, among others? Think that fact that his firm has retained her firm has anything to do with Jamie Dimon coming out and saying that White is the “perfect choice” to run the S.E.C.? Think of all the things she knows but can’t act upon. Could she really turn around and target Morgan Stanley after being their lawyer for all those years?

Ms. White is not only another example of the government’s revolving door from public service to private practice back to public service but of Pres. Obama’s signal to Wall Street that they are safe to continue with business as usual. Mary Jo White is the fox in the hen house.  

a modus operandi.

Krugman On Morning Joe: How Many Times Do I Have To Be Right?

By Susie Madrak, Crooks and Liars

January 28, 2013 10:00 AM

“Have you been living in the same country I’m in these past five years?” Krugman retorted, saying the deficit is far down on his list of things to worry about.

In response, Mika gasped and said, “I feel like we’re talking about climate change! My God!” (What a dope.) Krugman said that was a destructive comparison, and explained why. But I doubt she listened.*

I especially liked it when he responded to Joe Scarborough: “How many times do people like these have to be wrong and people like me have to be right?”

Remember, Paul: Ignorance can be fixed. Stupidity is forever.

This is what lambert strether calls a “category error.”  They are not stupid.

My brother sent me a postcard the other day with this big sattelite photo of the entire earth on it. On the back it said: ‘Wish you were here.’ — Steven Wright

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: Makers, Takers, Fakers

Republicans have a problem. For years they could shout down any attempt to point out the extent to which their policies favored the elite over the poor and the middle class; all they had to do was yell “Class warfare!” and Democrats scurried away. In the 2012 election, however, that didn’t work: the picture of the G.O.P. as the party of sneering plutocrats stuck, even as Democrats became more openly populist than they have been in decades.

As a result, prominent Republicans have begun acknowledging that their party needs to improve its image. But here’s the thing: Their proposals for a makeover all involve changing the sales pitch rather than the product. When it comes to substance, the G.O.P. is more committed than ever to policies that take from most Americans and give to a wealthy handful.

Glenn Greenwald: Kiriakou and Stuxnet: the danger of the still-escalating Obama whistleblower war

The only official punished for the illegal NSA program was the one who discussed it. The same is now true of torture

This Obama whistleblower war has nothing to do with national security. It has nothing to do with punishing those who harm the country with espionage or treason.

It has everything to do with destroying those who expose high-level government wrongdoing. It is particularly devoted to preserving the government’s ability to abuse its power in secret by intimidating and deterring future acts of whistleblowing and impeding investigative journalism. This Obama whistleblower war continues to escalate because it triggers no objections from Republicans (who always adore government secrecy) or Democrats (who always adore what Obama does), but most of all because it triggers so few objections from media outlets, which – at least in theory – suffer the most from what is being done.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 28 is the 28th day of the year in the Gregorian calendar. There are 337 days remaining until the end of the year (338 in leap years).

On this day in 1916, President Woodrow Wilson nominates Louis Brandeis to the Supreme Court. After a bitterly contested confirmation, Brandeis became the first Jewish judge on the Supreme Court.

A graduate of Harvard Law School, Brandeis quickly earned a reputation in Boston as the people’s attorney for taking on cases pro bono. Brandeis advocated progressive legal reform to combat the social and economic ills caused in America by industrialization. He met Woodrow Wilson, who was impressed by Brandeis’ efforts to hold business and political leaders accountable to the public, during Wilson’s 1912 campaign against Theodore Roosevelt. Brandeis’ early legal achievements included the establishment of savings-bank life insurance in Massachusetts and securing minimum wages for women workers. He also devised what became known as the Brandeis Brief, an appellate report that analyzed cases on economic and social evidence rather than relying solely on legal precedents.

Louis Dembitz Brandeis (November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939. He was born in Louisville, Kentucky, to Jewish parents who had emigrated from Europe. He enrolled at Harvard Law School, graduating at the age of twenty with the highest grade average in the college’s history.

Brandeis settled in Boston where he became a recognized lawyer through his work on social causes that would benefit society. He helped develop the “right to privacy” concept by writing a Harvard Law Review article of that title, and was thereby credited by legal scholar Roscoe Pound as having accomplished “nothing less than adding a chapter to our law”. Years later, a book he published, entitled Other People’s Money, suggested ways of curbing the power of large banks and money trusts, which partly explains why he later fought against powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He also became active in the Zionist movement, seeing it as a solution to the “Jewish problem” of antisemitism in Europe and Russia, while at the same time being a way to “revive the Jewish spirit.”

When his family’s finances became secure, he began devoting most of his time to public causes and was later dubbed the “People’s Lawyer.” He insisted on serving on cases without pay so that he would be free to address the wider issues involved. The Economist magazine calls him “A Robin Hood of the law.” Among his notable early cases were actions fighting railroad monopolies; defending workplace and labor laws; helping create the Federal Reserve System; and presenting ideas for the new Federal Trade Commission (FTC). He achieved recognition by submitting a case brief, later called the “Brandeis Brief,” which relied on expert testimony from people in other professions to support his case, thereby setting a new precedent in evidence presentation.

In 1916, President Woodrow Wilson nominated Brandeis to become a member of the U.S. Supreme Court. However, his nomination was bitterly contested, partly because, as Justice William O. Douglas wrote, “Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He was dangerous because he was incorruptible. . . [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court.” He was eventually confirmed by the Senate by a vote of 47 to 22 on June 1, 1916, and became one of the most famous and influential figures ever to serve on the high court. His opinions were, according to legal scholars, some of the “greatest defenses” of freedom of speech and the right to privacy ever written by a member of the high court.