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|Associate Justice of the Massachusetts Supreme Judicial Court|
September 1995 –June 1999
|Appointed by||William Weld|
|Preceded by||Joseph Nolan|
|Succeeded by||Judith Cowin|
|38th Solicitor General of the United States|
June 1, 1985 –January 20, 1989
Acting: June 1, 1985 – October 23, 1985
|Preceded by||Rex E. Lee|
|Succeeded by||Ken Starr|
|Born||April 15, 1935|
(now Czech Republic)
|Education|| Princeton University (BA)|
University of Oxford (BA)
Columbia University (LLB)
Charles Fried (born April 15, 1935)is an American jurist and lawyer. He served as United States Solicitor General under President Ronald Reagan from 1985 to 1989. He is a professor at Harvard Law School and has been a visiting professor at Columbia Law School. He also serves on the board of the nonpartisan group, the Campaign Legal Center.
Ronald Wilson Reagan was an American politician and film actor who served as the 40th president of the United States from 1981 to 1989. Prior to his presidency, he was a Hollywood actor and union leader before serving as the 33rd governor of California from 1967 to 1975.
Harvard Law School is one of the professional graduate schools of Harvard University located in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States and one of the most prestigious in the world. It is ranked first in the world by the QS World University Rankings and the ARWU Shanghai Ranking.
Columbia Law School is a professional graduate school of Columbia University, a member of the Ivy League. It has always been ranked in the top five law schools in the United States by U.S. News and World Report. Columbia is especially well known for its strength in corporate law and its placement power in the nation's elite law firms.
Fried is the author of nine books and over 30 journal articles, and his work has appeared in over a dozen collections.
Fried was born in 1935 in Prague, Czechoslovakia, where his father was an important industrialist and Czech patriot. The Frieds left Czechoslovakia in 1939 to escape the anticipated Nazi Germany's persecution of Jews, lived in England for almost two years and came to the United States in 1941 via Montreal, Quebec, Canada. He and his parents became United States citizens in 1948, after the communist takeover of Czechoslovakia. After graduating from the Lawrenceville School in 1952, he attended Princeton University where he was a member of Phi Beta Kappa and received his Bachelor of Arts degree in 1956. Fried then attended the University of Oxford, where he earned a Bachelor of Arts and Master of Arts degree in Jurisprudence, in 1958 and 1960, respectively, and was awarded the Ordronnaux Prize in Law (1958). In 1960, Fried received his Bachelor of Laws (LL.B.) degree from Columbia Law School, where he was a Stone Scholar. Subsequently, he served as law clerk to Supreme Court Justice John Marshall Harlan II.
Nazi Germany is the common English name for Germany between 1933 and 1945, when Adolf Hitler and his Nazi Party (NSDAP) controlled the country through a dictatorship. Under Hitler's rule, Germany was transformed into a totalitarian state where nearly all aspects of life were controlled by the government. The official name of the state was Deutsches Reich until 1943 and Großdeutsches Reich from 1943 to 1945. Nazi Germany is also known as the Third Reich, meaning "Third Realm" or "Third Empire", the first two being the Holy Roman Empire (800–1806) and the German Empire (1871–1918). The Nazi regime ended after the Allies defeated Germany in May 1945, ending World War II in Europe.
The Holocaust, also known as the Shoah, was the World War II genocide of the European Jews. Between 1941 and 1945 across German-occupied Europe, Nazi Germany, aided by local collaborators, systematically murdered some six million Jews, around two-thirds of Europe's Jewish population. The murders were carried out in pogroms and mass shootings; by a policy of extermination through labour in concentration camps; and in gas chambers and gas vans in German extermination camps, chiefly Auschwitz, Bełżec, Chełmno, Majdanek, Sobibór, and Treblinka in occupied Poland.
The Lawrenceville School is a coeducational, independent college preparatory boarding school for students in ninth through twelfth grades as well as a post-graduate year. The school is located on 700 acres (280 ha) in the historic Lawrenceville section of Lawrence, in Mercer County, New Jersey, United States.
Fried is admitted to the bars of the United States Supreme Court, United States Court of Appeals for the Federal Circuit, the District of Columbia, the Commonwealth of Massachusetts, and numerous U.S. courts of appeals. He argued 25 cases in front of the Supreme Court while in the Solicitor General's office.He has served as counsel to a number of major law firms and clients, and in that capacity argued several major cases, perhaps the most important being Daubert v. Merrell Dow Pharmaceuticals, both in the Supreme Court and in the Ninth Circuit on remand.
The United States Court of Appeals for the Federal Circuit is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The Federal Circuit is particularly known for its decisions on patent law, as it is the only appellate-level court with the jurisdiction to hear patent case appeals.
Massachusetts, officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States. It borders on the Atlantic Ocean to the east, the states of Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state is named after the Massachusett tribe, which once inhabited the east side of the area, and is one of the original thirteen states. The capital of Massachusetts is Boston, which is also the most populous city in New England. Over 80% of Massachusetts's population lives in the Greater Boston metropolitan area, a region influential upon American history, academia, and industry. Originally dependent on agriculture, fishing and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.
Fried's government service includes a year as Special Assistant to the Attorney General of the United States (1984–85) and a consulting relationship to that office (1983), as well as advisory roles with the Department of Transportation (1981–83) and President Ronald Reagan (1982). In October 1985, Reagan appointed Fried as Solicitor General of the United States. Fried had previously served as Deputy Solicitor General and Acting Solicitor General. As Solicitor General, he represented the Reagan Administration before the Supreme Court in 25 cases. In 1989, when Reagan left office, Fried returned to Harvard Law School.
The United States Department of Transportation is a federal Cabinet department of the U.S. government concerned with transportation. It was established by an act of Congress on October 15, 1966, and began operation on April 1, 1967. It is governed by the United States Secretary of Transportation.
The Solicitor General of the United States is the fourth-highest-ranking official in the United States Department of Justice. The current Solicitor General, Noel Francisco, took office on September 19, 2017.
From September 1995 until June 1999, Fried served as an Associate Justice of the Supreme Judicial Court of Massachusetts, while teaching constitutional law at Harvard Law School as a Distinguished Lecturer. Prior to joining the court, Fried held the chair of Carter Professor of General Jurisprudence at Harvard Law School. On July 1, 1999, he returned to Harvard Law School as a full-time member of the faculty and Beneficial Professor of Law. He has served on the Harvard Law School faculty since 1961, teaching courses on appellate advocacy, commercial law, constitutional law, contracts, criminal law, federal courts, labor law, torts, legal philosophy, and medical ethics.
Fried has published extensively. He is the author of nine books and over 30 journal articles, and his work has appeared in over a dozen collections. Unusually for a law professor without a graduate degree in philosophy, he has published significant work in moral and political theory only indirectly related to the law; Right and Wrong, for instance is an impressive general statement of a Kantian position in ethics with affinities with the work of Thomas Nagel, John Rawls, and Robert Nozick. On September 27, 2010, he and Gregory Fried discussed their book Because It Is Wrong: Torture, Privacy, and Presidential Power in the Age of Terror at the American Academy of Arts and Sciences. To see the discussion, click the link below.Fried has been Orgain Lecturer at the University of Texas (1982), Tanner Lecturer on Human Values at Stanford University (1981), and Harris Lecturer on Medical Ethics at the Harvard Medical School (1974–75). He was awarded a Guggenheim Fellowship in 1971–72. Fried is a member of the National Academy of Sciences's Institute of Medicine, the American Academy of Arts and Sciences, and the American Law Institute.
The American Academy of Arts and Sciences is one of the oldest learned societies in the United States. Founded in 1780, the Academy is dedicated to honoring excellence and leadership, working across disciplines and divides, and advancing the common good.
The University of Texas at Austin is a public research university in Austin, Texas. It was founded in 1883 and is the flagship institution of the University of Texas System. The University of Texas was inducted into the Association of American Universities in 1929, becoming only the third university in the American South to be elected. The institution has the nation's eighth-largest single-campus enrollment, with over 50,000 undergraduate and graduate students and over 24,000 faculty and staff.
Leland Stanford Junior University is a private research university in Stanford, California. Stanford is known for its academic strength, selectivity, wealth, proximity to Silicon Valley, and ranking as one of the world's top universities. Often ranking first among all universities both domestically and internationally has led Stanford to be known as America's "dream college".
In September 2005, Fried testified before the Senate Judiciary Committee in support of the nomination of John Roberts to become Chief Justice of the United States. After the nomination of Samuel Alito to the U.S. Supreme Court, Fried praised Alito as an outstanding judge but dismissed claims that Alito is radical, saying, "He is conservative, yes, but he is not radically conservative like Scalia."Fried testified before the Senate Judiciary Committee and wrote a New York Times op-ed in support of Alito, who had served under him in the Solicitor General's office.
On October 24, 2008, despite his previous support for the presidential aspirations of Senator John McCain, Fried announced that he had voted for Senator Barack Obama for President by absentee ballot. Fried cited Senator McCain's selection of Governor Sarah Palin as his running mate as the principal reason for his decision to vote for Senator Obama.As president of the Harvard Law Review in 1990, Obama had published an article Fried wrote criticizing the effects of race-based affirmative action. Fried later told The Wall Street Journal :
I admire Senator McCain and was glad to help in his campaign, and to be listed as doing so; but when I concluded that I must vote for Obama for the reason stated in my letter, I felt it wrong to appear to be recommending to others a vote that I was not prepared to cast myself. So it was more of an erasure than a public affirmation—although obviously my vote meant that I thought that Obama was preferable to McCain-Palin. I do not consider abstention a proper option.
In February 2011, Fried testified before the Senate Judiciary Committee in support of President Obama's health care reform law.When asked by Illinois Senator Richard Durbin to respond to critics of the law's individual mandate who ask: "[I]f the government can require me to buy health insurance, can it require me to have a membership in a gym, or eat vegetables?," Fried replied:
Yes. We hear that quite a lot. It was put by Judge Vinson, and I think it was put by Professor Barnett in terms of eating your vegetables, and for reasons I set out in my testimony, that would be a violation of the 5th and the 14th Amendment, to force you to eat something. But to force you to pay for something? I don't see why not. It may not be a good idea, but I don't see why it's unconstitutional.
Fried is an adviser to the Harvard chapter of the Federalist Society.Fried endorsed Hillary Clinton in the run-up for the 2016 U.S. presidential election.
Robert Heron Bork was an American judge, government official and legal scholar who served as the Solicitor General of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the influential U.S. Court of Appeals for the D.C. Circuit from 1982 to 1988. In 1987, President Ronald Reagan nominated Bork to the U.S. Supreme Court, but the U.S. Senate rejected his nomination.
Douglas Howard Ginsburg is an American jurist and academic who serves as a judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to that court at age 40 in October 1986 by President Ronald Reagan, and served as its chief judge from July 2001 until February 2008. Ginsburg was nominated by Reagan to fill a U.S. Supreme Court vacancy after the retirement of Lewis F. Powell in October 1987, but soon withdrew from consideration after his earlier marijuana use created controversy.
The Harvard Law Review is a law review published by an independent student group at Harvard Law School. According to the Journal Citation Reports, the Harvard Law Review's 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only Harvard Law Review Forum, a rolling journal of scholarly responses to the main journal's content.
Samuel Anthony Alito Jr. is an Associate Justice of the Supreme Court of the United States. He was nominated by President George W. Bush and has served since January 31, 2006.
Elena Kagan is an Associate Justice of the Supreme Court of the United States. She was nominated by President Barack Obama in May 2010, and confirmed by the Senate in August of the same year. She is the fourth woman to serve as a Justice of the Supreme Court.
Paul Drew Clement is an American lawyer. He is a former United States Solicitor General and current partner at the law firm of Kirkland & Ellis after its acquisition of his previous firm Bancroft PLLC. He is also a Distinguished Lecturer in Law at Georgetown University and an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14, 2005, for the post of Solicitor General, confirmed by the United States Senate on June 8, 2005, and took the oath of office on June 13. Clement replaced Theodore Olson.
On October 31, 2005, President George W. Bush nominated Samuel Alito for Associate Justice of the Supreme Court of the United States to replace retiring Justice Sandra Day O'Connor. Alito's nomination was confirmed by a 58–42 vote of the United States Senate on January 31, 2006.
Nicholas Quinn Rosenkranz is an American constitutional law scholar, professor, and Broadway producer. He writes and teaches in the fields of constitutional law, statutory interpretation, and federal jurisdiction. He is the son of billionaire investor and philanthropist Robert Rosenkranz.
Todd Kim was the first Solicitor General for the District of Columbia. He was appointed by Attorney General Robert J. Spagnoletti to be responsible for all of the District's appellate litigation before the District of Columbia Court of Appeals, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States. In February 2014, President Obama nominated Kim to a seat on the District of Columbia Court of Appeals, but his nomination never received a final vote in the Senate. On April 30, 2015, President Obama re-nominated Kim to the position, but the Senate did not act on that nomination either.
Erwin Nathaniel Griswold was an appellate attorney who argued many cases before the U.S. Supreme Court. Griswold served as Solicitor General of the United States (1967–1973) under Presidents Lyndon B. Johnson and Richard M. Nixon. He also served as Dean of Harvard Law School for 21 years. Several times he was considered for appointment to the U.S. Supreme Court. During a career that spanned more than six decades, he served as member of the U.S. Commission on Civil Rights and as President of the American Bar Foundation.
Paul A. Freund was an American jurist and law professor. He taught most of his life at Harvard Law School and is known for his writings on the United States Constitution and the Supreme Court of the United States.
President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia Sotomayor to fill the vacancy created by the retirement of Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6, 2009, by a vote of 68–31. The second appointment was that of Solicitor General Elena Kagan to replace the retired John Paul Stevens. Kagan was confirmed by the United States Senate on August 5, 2010, by a vote of 63–37.
Patricia Ann Millett is a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit. She formerly headed the Supreme Court practice at the law firm Akin Gump Strauss Hauer & Feld. Millett also was a longtime former assistant to the United States Solicitor General and served as an occasional blogger for SCOTUSblog. At the time of her confirmation to the D.C. Circuit, she had argued 32 cases before the United States Supreme Court. In February 2016 The New York Times identified her as a potential nominee to replace Justice Antonin Scalia.
Goodwin Hon Liu is an American lawyer, educator and an Associate Justice of the Supreme Court of California. Before his appointment by California Governor Jerry Brown, Liu was Associate Dean and Professor of Law at the University of California, Berkeley School of Law. Liu has been recognized for his writing on constitutional law, education policy, civil rights, and the Supreme Court.
Padmanabhan Srikanth "Sri" Srinivasan is a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit. The United States Senate confirmed Srinivasan by a vote of 97–0 on May 23, 2013. Before his confirmation, Srinivasan served as Principal Deputy Solicitor General of the United States and has argued 25 cases before the United States Supreme Court. He has also lectured at Harvard Law School.
Paul Michael Bator was an American legal academic, Supreme Court advocate and expert on United States federal courts. In addition to teaching for almost 30 years at Harvard Law School and the University of Chicago Law School, Bator served as Deputy Solicitor General of the United States during the Reagan Administration.
Timothy Martin Cain is a United States District Judge of the United States District Court for the District of South Carolina. He was formerly a South Carolina state judge and a law associate of Senator Lindsey Graham.
Cornelia Thayer Livingston Pillard known as Nina Pillard, is a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit. Before becoming a judge, Pillard was a tenured law professor at Georgetown University.
David Jeremiah Barron is a United States Circuit Judge of the United States Court of Appeals for the First Circuit and former S. William Green Professor of Public Law at Harvard Law School. He previously served as the Acting Assistant Attorney General of the Office of Legal Counsel at the United States Department of Justice.
Andrew Stephen Oldham is a United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit and former General Counsel to Texas Governor Greg Abbott.
| Solicitor General of the United States |
| Associate Justice of the Massachusetts Supreme Judicial Court |