Every day now, decisions are being made by a class of experts that have a direct bearing on your life and the future of not only your nation, but the world, and no one is asking you about any of it. As the world learned in 2020, expertise untethered from humanity and combined with a cult-like devotion to the science can have disastrous, far-reaching consequences.
00:17:44.020The son of a secular Jewish immigrant from Prague, Brandeis was born in Louisville, Kentucky and mostly grew up there.
00:17:52.060He was incredibly smart and ambitious, graduating from Harvard Law School when he was 20 years old, with the highest grades in the school's history at the time.
00:18:02.380In 1879, Brandeis started a law firm in Boston with a friend from Harvard.
00:18:09.220And soon their practice was so profitable that Brandeis started taking on select cases for free.
00:18:15.660Cases that furthered his progressive ideals.
00:18:19.480For Brandeis, that included advancing the idea of rule by experts.
00:18:25.380This speaks volumes about Brandeis' philosophy.
00:18:28.760Among his papers, a note was once found that he had written himself, which said, quote,
00:18:35.100Advise client on what he should have, not what he wants.
00:18:39.880That could practically be the progressive motto.
00:18:45.460In our history textbooks, a 1908 Supreme Court case, Mueller v. Oregon, is often cited as an example of superhero progressivism at work.
00:18:55.480Before this case, the Supreme Court had considered it a right of employers and employees to establish a work contract without interference from the state.
00:19:09.620This case demonstrated Brandeis' passion for rule by experts.
00:19:13.800He defended the state of Oregon in front of the Supreme Court, packing his brief with over 100 pages of research and supposed science, backing up his theory that women working long hours was, quote,
00:19:28.760dangerous to the public health, safety, morals, and welfare.
00:19:33.720This progressive argued that the state was correct to restrict work hours for women, rather than allowing employers and employees to set up their own work arrangement.
00:19:47.800Brandeis won the case, as he usually did.
00:19:51.580And he's been hailed as a hero ever since for his Brandeis briefs.
00:19:55.960Judicial historian Stephen Powers wrote, quote,
00:20:00.040The so-called Brandeis brief became a model for progressive litigation.
00:20:05.160He says the hallmark of this approach is, quote,
00:20:08.440Its disregard for common law jurisprudence in favor of faith in a jurisprudence that takes into account social and historical realities.
00:20:20.580Because of cases like Mueller v. Oregon, Brandeis gained a saintly reputation on the left as the people's lawyer.
00:20:29.660In 1910, he got another big opportunity to stand up for the people, this time in a hearing before the Interstate Commerce Commission.
00:20:39.020The ICC was an early product of progressivism.
00:20:43.060It was established in 1887 to regulate the railroad industry.
00:20:47.900It was the first regulatory authority commission in U.S. history.
00:20:53.180Brandeis was brought in by the Trade Association of the Atlantic Seaboard to make an argument for why railroad companies should not be approved to increase their rates.
00:21:03.820He dug in, preparing one of his famous Brandeis briefs.
00:21:07.840And that is when he stumbled onto the glories of Frederick Taylor's scientific management.
00:21:14.860Brandeis traveled to Philadelphia and met with Taylor in person to glean everything he could about the amazing new science.
00:21:27.020In true progressive expert style, Taylor was extremely protective of his scientific management concepts.
00:21:34.820Only he could certify official scientific management experts.
00:21:38.620According to him, there were only five other authorized experts in the world, and they all happened to work for him.
00:21:47.460After learning everything he could about Taylor's scientific management, Brandeis was enthralled, writing, quote,
00:21:53.260Of all the social and economic movements with which I have been connected, none seem to me to be more equal in its importance and hopefulness.
00:22:03.920Brandeis felt he held the key to a glorious progressive future, and that key was experts in charge.
00:22:14.660Just like Taylor hovering over his stopwatch and charts to reconfigure every department of a steel company, Brandeis could see experts reconfiguring every aspect of America's messy society.
00:22:33.920In October 1910, before heading to D.C. for the Interstate Commerce Commission hearing, Brandeis held a meeting in New York City with some of Taylor's associates.
00:22:46.180Among the attendees were Frank and Lillian Gilbreth, who later would become famous in the book Cheaper by the Dozen, which was written by two of their children.
00:22:55.840Yes, they really did have 12 kids, and if you read the book or seen the 1950s movie, you recall that it's about these eccentric parents who try to run their chaotic household with strict efficiency rules.
00:23:10.160The Gilbreth's were all about studying human motion to eliminate inefficiencies in everything from factory work to household tasks.
00:23:20.560At that meeting, Brandeis had everyone help him settle in on an official title for this efficiency management by expert system.
00:23:30.020They decided to call it scientific management.
00:23:34.080Taylor, who was not at the meeting, had used the term before, so he was sure to approve their choice.
00:23:39.580At the ICC hearing, Brandeis built his case trying to demonstrate how evil capitalist railroads had no clue as to how they arrived at their crazy high rates and therefore were not justified in raising them even more.
00:24:00.000He built up to his you-can't-handle-the-truth moment when he questioned the VP of a New York railroad company named Charles Daly.
00:24:10.700Daly admitted setting their prices was based on judgment, so Brandeis asked him for details on exactly how he made that judgment.
00:24:19.820The basis of my judgment is exactly the same as the basis of a man who knows how to play a good game of golf.
00:24:27.480It comes from practice, contact, and experience with the particular subject at issue.
00:24:35.960I want to know, Mr. Daly, just as clearly as you can state it, whether you can give a single reason based on anything more than your arbitrary judgment as you have expressed it.
00:24:57.480Frank Gilbreth, the cheaper-by-the-dozen dad, was a star witness for Brandeis.
00:25:05.840Gilbreth put on a show mesmerizing the commissioners when he used a stack of law books to demonstrate the bricklaying efficiency techniques he had developed using the new science of motion study.
00:25:18.780When Gilbreth was done with his show, one of the commissioners said,
00:25:23.300This has become a sort of substitute religion with you.
00:25:27.600Yes, sir, responded Gilbreth with enthusiasm.
00:25:32.180The commissioner had no idea how prescient he was comparing this to a religion.
00:25:36.920The other thing that made Brandeis an activist lawyer who was way ahead of his time was his genius at controlling narrative.
00:25:48.400At one point in the hearings, he made a startling claim that scientific management would save the railroads $1 million a day.