Melvin I. Urofsky

Brandeis and the ‘Empathy’ Issue

In January 1916, just a few days after Woodrow Wilson nominated Louis D. Brandeis to the Supreme Court, Gus Karger, a journalist and a friend of Wilson’s predecessor, William Howard Taft, told the former president that “many Senators who might base their opposition to him on sound and logical grounds, if he were a Presbyterian, are reluctant to take a stand, lest their opposition be misconstrued.”