Amplify Jewish Women’s Voices

Your gift keeps these stories alive—this Passover, please consider a monthly gift.

Help us meet our Passover goal
21 of 50 monthly donors

Susan Brandeis Gilbert

February 27, 1893–February 8, 1975

by Dorothy Thomas

In Brief

The daughter of Supreme Court Justice Louis D. Brandeis, Susan Brandeis Gilbert became one of the first women attorneys to argue a case before the Supreme Court. Early in her career, she earned recognition for her prosecution of the Trenton Pottery antitrust case. To avoid conflict of interest in their shared field, Justice Brandeis arranged to be transferred from oversight of the Second Circuit and recused himself from a case Gilbert argued before the Supreme Court. From 1935 to 1949, Gilbert served on the New York State Board of Regents. When Brandeis University was founded in 1949, she became closely involved in its development, serving as honorary president of its National Women’s Committee and becoming a fellow of the university in 1952.

Background

On June 5, 1916, Susan Brandeis, a University of Chicago Law School student, watched her father, Louis Dembitz Brandeis (1856–1941)—a Harvard Law School graduate, millionaire, socially conscious Boston lawyer—take the oath of office as an associate justice of the United States Supreme Court. He was the first Jewish associate justice of the Court, and Susan would soon be the first woman lawyer whose parent sat on that bench.

Family and Education

Louis Brandeis and his wife, Alice Goldmark Brandeis, were second cousins born to German Jewish emigrés. The Brandeises were nonobservant Jews. Louis’s only connection with Jewish life in his youth was through his maternal uncle, Louis Dembitz. Alice Brandeis gave birth to Susan in Boston on February 27, 1893, and to her sister Elizabeth on April 25, 1896. Her mother never fully recovered her physical and psychic energy after Elizabeth’s birth. For a while, her maternal aunt, Josephine Goldmark, came to help the family. Her father directed the household and the raising of his daughters. They took their mother’s place as his companions during his regular outdoor activities. His intellectual influence was also profound: Susan became a lawyer, while Elizabeth became an economics professor at the University of Wisconsin.

In looks, inner drive, vigor, and political and social skills, Gilbert took after her father. In her lifelong lack of interest in cooking and clothes, she resembled her mother. Her social consciousness, morals, and social values were a legacy of both her parents. To her, literature, law, and causes for human equality were always more important than material possessions.

Gilbert was educated at Boston’s Winsor School, Bryn Mawr College (BA, 1915), and the University of Chicago Law School (LLB, 1919). In 1916, she worked for woman suffrage in Boston.

New York City became her home in 1921. The Brandeis family spent their summers together at the family home in Chatham, Massachusetts, where they boated and swam daily. Although Louis and Alice Brandeis lived frugally, they were important philanthropists supporting Hadassah, Zionism, and the University of Kentucky.

Legal Career

Admitted to the New York bar in 1921, no law firm would hire her because she was a woman, an event Susan Gilbert remembered all her life. That her father sat on the United States Supreme Court made no difference. Gilbert was appointed special assistant to the United States attorney in New York City. She prosecuted the Trenton Pottery antitrust suit. Shortly thereafter, she went into private practice with Samuel Rosenman. When she came before the Supreme Court to argue a case, Louis Brandeis removed himself from the bench to avoid a conflict of interest. Gilbert lost the case.

She met Jacob Gilbert, who was the opposing attorney in a minor landlord-tenant case. The couple married on December 22, 1925, at the New York Ethical Culture Society, and had three children: Louis (b. 1926), Alice (b. 1928), and Frank (b. 1930). Some traditional Jewish practices now became a part of Susan Gilbert’s life. In 1939, she and her husband established the law firm of Gilbert and Brandeis.

A very private woman, Gilbert compartmentalized her life. Many people knew some of her activities, but few people knew all of them. She was the second woman member of the New York State Board of Regents appointed by Governor Herbert Lehman, serving in that post from 1935 to 1949. She was also an active member of the Bar Association of New York City, Hadassah, the Women’s City Club, and the Democratic Party.

When Brandeis University was founded in Waltham, Massachusetts, in 1949, Susan and Jacob Gilbert were deeply involved in its development. She became the honorary national president of its National Women’s Committee, was made fellow of the university in 1952, and was awarded a doctor of humane letters in 1963.

Her husband, Jacob, died on April 8, 1966. Susan Gilbert suffered a stroke several years before her death on October 8, 1975. After funeral services in Temple Rodeph Sholom she was buried in Union Fields Cemetery, Queens, New York. Their three children survived them. Alice Popkins is a third-generation lawyer, Frank is with the National Trust for Historical Preservation, and Louis is a researcher.

Bibliography

AJYB 77:594.

Gilbert, Frank Brandeis, and Alice Brandeis Gilbert Popkin. Interviews by author, May 1996.

NYTimes, October 9, 1975, 44:1.

Strum, Philippa. Louis Brandeis (1984).

Thomas, Dorothy. Women Lawyers in the United States (1957).

Have an update or correction? Let us know

Double your impact to amplify Jewish women’s stories— 
All gifts matched up to $35,000

Before you close this article, please consider supporting the Jewish Women’s Archive and uplifting Jewish women’s voices.  

At JWA, we preserve the voices of Jewish women and gender-expansive people past and present, share them freely with millions online, and empower a new generation of Jewish feminists to lead with courage, creativity, and conviction. 

But none of this happens without you. JWA is an independent nonprofit— we rely on people, like you, who believe that history belongs to all of us and that the voices of Jewish women must remain powerful, and heard. 

This month, a generous JWA board member will match every gift dollar for dollar—up to $35,000—through June 30. Your contribution goes twice as far right now. 

Every contribution—no matter the size—helps us document, teach, and inspire through Jewish women’s stories. 

It takes less than a minute to make a difference. 

Donate Now

Thank you for being a part of the JWA community,

Judith Rosenbaum, CEO

Donate

Help us elevate the voices of Jewish women.

donate now

Get JWA in your inbox

Read the latest from JWA from your inbox.

sign up now

How to cite this page

Thomas, Dorothy. "Susan Brandeis Gilbert." Shalvi/Hyman Encyclopedia of Jewish Women. 27 February 2009. Jewish Women's Archive. (Viewed on June 15, 2026) <https://qa.jwa.org/encyclopedia/article/gilbert-susan-brandeis>.