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Report No. 99

4.8. View of Mr. Justice Brandeis.-

The opinion of Mr. Justice Brandeis of the Supreme Court of U.S.A. in the matter is also worth referring to Paul A. Freund has lucidly put it, "Mr. Justice Brandeis was a firm believer in limiting the jurisdiction of the Supreme Court on every front and he would not be reduced by the quixotic temptation to right every fancied wrong which was paraded before him. The time was always out of joint, but he was not born alone to see it right. Grievances set out in petitions for certiorari were examined with great despatch and if the petitions did not carry on their face compelling reasons for granting them, they were promptly marked for denial.

Husbanding his time and energies as if the next day were to be his last, he steeled himself, like a scientist in the service of man, against the enervating distraction of the countless tragedies he was not meant to relieve. His concern for jurisdictional procedural limits reflected on the technical level, an essentially Stoic philosophy. For, like Epictetus, he recognised the impropriety of being emotionally affected by what is not under one's control."1

1. Paul A. Freund On Understanding the Supreme Court, (1950), p. 65.



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