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Charles Fried

  • Draft opinion could ultimately unravel other rights, legal experts warn

    May 4, 2022

    The bombshell draft opinion written by Supreme Court Justice Samuel Alito and leaked to Politico shatters a bedrock of modern American law and could culminate a decades-long campaign by conservatives determined to reverse the 1973 ruling that legalized abortion. Legal experts suggest the decision by the court’s conservative majority, which is not yet final, portends a flood of antiabortion laws across the country and could erode federal rights to same-sex marriage and access to contraceptives. ... Charles Fried, a constitutional law professor at Harvard and the United States solicitor general under President Ronald Reagan, has long criticized the majority opinion in Roe v. Wade. “There are two stunning weaknesses in Roe: its focus on the right to privacy and its historical survey of abortion practice in the United States,” said Fried in an interview Tuesday. But Fried, who argued against the constitutional right to abortion before the Supreme Court in 1989, said the 1992 ruling in Planned Parenthood of Southeastern Pennsylvania v. Casey gave the Roe ruling a firmer constitutional basis. If Roe was a new house built on a shaky foundation, then Casey was the reinforcement that added support beams.

  • A man in a blue blazer stands in front of a building on the Harvard Law School campus.

    Engaging in good faith discussion

    April 27, 2022

    Federalist Society President Jacob Richards ’22, who describes himself as a classical liberal, appreciates engaging in good faith discussion of hard issues at HLS.

  • Ketanji Brown Jackson confirmed as the first black woman to sit on US Supreme Court | U.S. News

    April 11, 2022

    Ketanji Brown Jackson has been confirmed as the first black woman to sit on the US Supreme Court in its 233-year history. The judge secured the life-time role following a 53-47 vote in the US Senate, following fierce questioning from critics. Judge Jackson, 51, will also be the first former public defender to sit on the Supreme Court and the third black judge to sit. ... Guy-Uriel Charles, Harvard Law School professor and an expert in race and law, explained how Jackson may impact the court. He said: “I do think that as a black woman she will bring credibility on issues of race and issues of gender. On issues of race, she might serve as a counterweight to Justice Thomas. “In particular, I think young black girls will have an even stronger sense that all avenues, especially in law, are open to them.” ... Former US Solicitor General Charles Fried told Sky News he backed her because she was the “absolutely ideal nominee.” “She’s had life experience, where she’s had to fight her way up and succeeded at every stage,” he said. Mr Fried, who has taught at Harvard Law School since 1961, added that his experience as a public defender “lends a very important dimension of perspective to the court”.

  • Making Sure God Is Welcome in the Execution Chamber

    March 28, 2022

    Occasionally a Supreme Court case puts its dominant block of Justices in the difficult position of having to choose between two deeply held policy goals. How they resolve this conflict offers a glimpse of their cultural and political values and interpretive commitments in action. This political quandary was visible last week when the Court released its decision in Ramirez v Collier. Ramirez required the current conservative majority to choose between its longstanding desire to expedite executions and its commitment to offering expansive protections to religious freedom. ... Writing about such interest balancing almost sixty years ago, Harvard Law Professor Charles Fried said that it did little to constrain judges. Interest balancing, Fried said, “neither compels a precise solution nor even precludes one.”

  • Supreme Court Justice Stephen Breyer Announces His Retirement At The White House

    On the Court, Breyer had a ‘deeply thoughtful, learned, humane, and pragmatic approach’

    January 27, 2022

    In the wake of the news that Supreme Court Associate Justice Stephen G. Breyer ’64 will retire at the end of the current term, Harvard Law School faculty members offer their thoughts on his tenure, legacy, and how the nation’s highest court could change after his departure.

  • Fmr. Reagan official warns of threats to abortion — and to democracy

    December 9, 2021

    Former U.S. Solicitor General Charles Fried and writer Katie Roiphe discuss democracy in the United States and the Mississippi abortion case before the Supreme Court.

  • I Once Urged the Supreme Court to Overturn Roe. I’ve Changed My Mind.

    November 30, 2021

    An op-ed by Charles Fried: In 1989 I argued before the U.S. Supreme Court in Webster v. Reproductive Health Services, a case challenging a Missouri statute that forbade the use of any state funds or facilities for the conducting of abortions. On behalf of the United States I argued that Roe should be overruled, except in extreme cases such as when the life or health of the pregnant woman was at risk. I made these points in good conscience, drawing on a mix of history, precedent and what I saw as the interests of the rule of law. I was a law clerk to Justice John Marshall Harlan II in 1961 when he dissented in Poe v. Ullman, a case involving the liberty of married couples to use contraceptives without interference or inquiry by the government, and provided what I then considered — and still do — the foundation of the law of privacy and personal dignity.

  • The Rule of Six: A newly radicalized Supreme Court is poised to reshape the nation

    November 29, 2021

    ...A six-justice majority is a different animal. A six-justice majority, such as the one now firmly in control, is the judicial equivalent of the monarchy’s “heir and a spare.” The pathways to victory are enlarged. The overall impact is far greater than the single-digit difference suggests. ... But even the more patient justices — Roberts, sometimes Kavanaugh, and, at least judging from her first year, Barrett — are no moderates. All three, for instance, joined a particularly radical Alito opinion last term that neutered the remaining major enforcement mechanism in the Voting Rights Act of 1965. “I dislike the fact that journalists refer to the six as conservative,” said Harvard Law School professor Charles Fried, who served as solicitor general under Reagan. “They’re not. They’re reactionaries. That’s the only correct term for them.”

  • Detail of Supreme Court columns and stairs

    As solicitor general, Elizabeth Prelogar ’08 carries on a Harvard Law School legacy

    November 4, 2021

    When Elizabeth B. Prelogar ’08 was confirmed by the United States Senate as the 48th solicitor general of the United States, she joined a long line of Harvard Law School community members to hold that position.

  • Supreme Court of the United States at night

    Pay no attention to the justices behind the curtain

    September 23, 2021

    Charles Fried, Richard Lazarus ’79, Tejinder Singh ’08, and Carol Steiker ’86 discuss the Supreme Court’s increasingly important emergency powers known as its “shadow docket.”

  • Interior of United States Supreme Court

    Harvard Law School experts testify before the Presidential Commission on SCOTUS

    August 9, 2021

    As part of ongoing analysis, the 36-member Presidential Commission on the Supreme Court of the United States, 16 of whom are Harvard Law School faculty or alumni, recently solicited testimony from scholars across the political spectrum to weigh in on Court reform.

  • Justice Breyer, under pressure from left to retire, takes the long view

    June 20, 2021

    The pressure campaign started months ago. Outside the US Supreme Court in April, a billboard truck with a black-and-white image of 82-year-old Justice Stephen G. Breyer circled the grounds, neon green letters blaring, “Breyer, retire.” ...“His code words are common sense, decency, democracy,” said Charles Fried, a professor of law at Harvard who served as US solicitor general under Ronald Reagan and has known Breyer since he was a law student. “He is a very practical person. If you look at some of his writings, he is very interested in what the practical effect of what his decisions will be.” ... “He has never been the leader of what people would regard as the liberal flank,” said Laurence Tribe, a longtime Harvard law professor and close friend. Still, “he has been a consistent and rather predicable liberal on matters of racial equality.”

  • Due Process

    February 17, 2021

    As recently as 10 years ago, Jeannie Suk Gersen was still telling people that the area of law she specialized in—sexual assault and domestic violence—didn’t hold much interest for the general public. A quiet corner of the profession, she thought. Remembering that now, she laughs. “But, you know,” she adds, “every area of law does end up moving into focus. Because, in the end, law is really about every aspect of our lives.” Which is partly why Gersen, J.D. ’02, has always taken it so seriously. “Words don’t just describe things,” she explains. In the law, “words actually do things.” ... “Jeannie is intellectually fearless,” says Bemis professor of international law Jonathan Zittrain. That’s a common sentiment among her colleagues... “There are a lot of people who are afraid to say things in our business,” says Learned Hand professor of law Jack Goldsmith, “and she’s not afraid to say what she thinks.” ... “Her whole response to Title IX has been very, very striking—and I think completely correct,” says Beneficial professor of law Charles Fried, who was Gersen’s teacher before he was her colleague ... Says her former teacher, Loeb University Professor emeritus Laurence Tribe, “I was always impressed by how both meticulous and yet unconventional her insights were. She would often come at issues in a kind of perpendicular way. Rather than finding a point between A and B, she would say that maybe that axis is the wrong axis.” ... “She has one of those amazing brains,” says Williams professor of law I. Glenn Cohen, who worked on the Harvard Law Review with Gersen. “She was a year ahead of me in law school, and we all regarded her more like a faculty member, even back then. She just seemed to know everything.”

  • Lawyers Call Trump’s Defense ‘Legally Frivolous’

    February 8, 2021

    Taking aim at a key plank of the former president’s impeachment defense, the lawyers argued that the constitutional protections do not apply to an impeachment proceeding...Signed by Charles Fried, Martha Minow, Gerald Neuman, and Laurence Tribe.

  • The Electoral College Isn’t Supposed to Work This Way

    January 8, 2021

    An op-ed by Trevor Potter and Charles FriedThe 2020 presidential election has been a disaster for people who think the Electoral College is still a good idea. Joe Biden’s clear victory has been followed by attempts by the incumbent president to induce Republican legislators and other elected Republican officials in five states he lost to ignore the certified vote counts in their states and substitute their partisan preferences for the voters’ decision. Now Congress will formally receive the electoral votes, after a series of attempts to subvert the democratic process, all made possible by the Electoral College. An early salvo was a suit filed in the U.S. Supreme Court by the State of Texas and supported by 126 Republican House membersand 18 Republican attorneys general asking the court to throw out the electors chosen by those same five states because Texas said it did not like the way they conducted their elections. Representative Louie Gohmert of Texas filed suit asking the courts to declare that Vice President Mike Pence has the legal right to pick the next president himself under the 12th Amendment — by ignoring the electoral votes for Mr. Biden cast by those five states. Instead, the Gohmert suit asks Mr. Pence to replace them with “votes” cast by the losing Trump elector slates in those states.

  • Molly Brady wearing a bright red jacket sits in front of a computer and teaches her class in Zoom

    2020 in pictures

    January 5, 2021

    A look back at the year at HLS.

  • Generosity to Colleges in Need

    January 4, 2021

    A letter to the editor by Charles Fried: Re “‘I Was Stunned’: Small Colleges Receive Big Donations” (news article, Dec. 17): I sit on the board of the Campaign Legal Center, a (relatively) small nonpartisan organization that works hard to “advance democracy through law.” Last summer we received an unsolicited and unexpected large gift from MacKenzie Scott, the former wife of Jeff Bezos, the founder of Amazon, accompanied by a request that we not return to her for more in the future. Your account about her surprise generosity to a great and obviously thoughtfully researched variety of relatively obscure historically minority colleges and universities that struggle to serve richly deserving segments of the population is an inspiring account of the union of heart and brain. We are all better for learning of it. Charles Fried, Cambridge, Mass. The writer is a law professor at Harvard.

  • Judicial independence must be preserved in our federal courts

    December 16, 2020

    An op-ed by Charles FriedPartisan rulings in election cases by federal judges who were appointed by Republicans in the Fifth Circuit, Eighth Circuit, and Eleventh Circuit, with the notable exception of the striking decision by Judge Stephanos Bibas in the Third Circuit, have raised the fear that the ideal of judicial independence and legitimacy of the federal courts are in peril. Most threatening, of course, was the hurried confirmation of Supreme Court Justice Amy Coney Barrett, so she could be in place to rule on any election cases. That has led to some suggestions that the administration of Joe Biden should consider adding justices to recreate the “ideological balance” on the bench, in a move reminiscent of the notorious proposal by Franklin Roosevelt to pack the Supreme Court with justices. In addition to three justices, President Trump has succeeded with over 200 judges in the lower federal courts. Countervailing expansion of the federal courts of appeals would not raise similar alarms. Federal appeals courts usually work in panels of three judges. So if this less dramatic but perhaps more effective move were made, how should it be done? If the ideal of judicial independence is to be preserved rather than eroded, it must not be done in the partisan fashion of the last four years.

  • ‘There’s no indication it will succeed’: Legal analysts weigh in on Trump team’s election challenges

    November 11, 2020

    President Trump’s defiant rhetoric and unprecedented refusal to accept his election defeat have Democrats and the American public feeling increasingly rattled, but there is little reason to believe his actions will change the results, legal and political experts said Tuesday. ... “If it succeeded, it would be a coup,” said Charles Fried, a Harvard Law professor and former US solicitor general in the Reagan administration. “There’s no indication it will succeed, or that anybody expects it to succeed.”

  • I Was Reagan’s Solicitor General. Here’s What Biden Should Do With the Court.

    October 26, 2020

    An op-ed by Charles FriedJoe Biden got it exactly right in expressing an ambivalent openness to pushing for legislation — entirely constitutional — enlarging the number of Supreme Court justices, if Democrats win the presidency and the Senate in November. Such a move would make blazingly clear what some of us hope is not quite true: that the court is a partisan political institution, a conception that would invite further rounds of enlargement in a different political moment. But to paraphrase Churchill, such a maneuver is a bad idea, except for all the alternatives. Here the alternatives boil down to just one: a predictable, reactionary majority on the Supreme Court for perhaps as long as another generation. I write reactionary, not conservative, because true conservative judges like John Marshall Harlan II are incrementalists, not averse to change, respectful of precedent and unlikely to come into the grips of radical fantasies like eliminating or remaking the modern regulatory-administrative state. But with the seemingly inevitable rise of Amy Coney Barrett to the court, this impending six- person majority is poised to take a constitutional wrecking ball to generations of Supreme Court doctrine — and not just in matters of reproductive choice. Just look at the record. In the 2018 Janus labor law case, Justice Samuel Alito took the first long step to undoing years of legislation that allowed majority unions to compel not membership, but payment of dues — an arrangement first found constitutional by the Supreme Court in 1977. And his decision was based on constitutional grounds — protecting First Amendment freedoms — so a legislative remedy is no longer possible.

  • Trump Calls on Barr to ‘Act’ Against Biden Before Election

    October 21, 2020

    President Trump on Tuesday called on William P. Barr, the attorney general, to take action before Election Day against his Democratic opponent, former Vice President Joseph R. Biden Jr., over his son’s foreign work, an extraordinary attempt to pressure the government’s chief law enforcement to help him politically. The president made the remark during an interview with “Fox + Friends,” after days of caustic criticism of Mr. Biden, the moderators of the presidential debates, the news media and, increasingly, Mr. Barr. He recently said the attorney general would go down in history “as a very sad, sad situation” if he did not indict Democrats like Mr. Biden and former President Barack Obama...Critics have accused Mr. Barr on a number of occasions of intervening on issues to help Mr. Trump politically. But for the president to publicly call on him to take action against a political opponent was remarkable, especially two weeks before a presidential election. On Monday, Mr. Trump repeatedly called Mr. Biden “a criminal.” “He is sounding desperate,” said Charles Fried, a Harvard Law professor who was solicitor general in the Reagan administration. “He’s been urging the attorney general in several ways to investigate his political opponents and to somehow validate his preposterous charges of criminality.” “And even as loyal a henchman as Barr seems to have been able to draw the line somewhere — and it’s driving Trump crazy,” added Mr. Fried.

  • illustration of a ballot box on fire

    An Election for the History Books?

    October 15, 2020

    Harvard professors place the 2020 presidential race in historical context and consider its impact on our future.

  • Is Trump Planning a Coup d’État?

    September 10, 2020

    This summer, shortly after scores of camo-wearing, heavily armed federal agents descended on Portland, Ore., to attack protesters, Charles Fried, Ronald Reagan’s solicitor general, pondered the implications of what he was seeing on the streets. What he saw scared him; he remembered the use of paramilitaries by fascist leaders in 1930s Europe, where he was born, and he feared he was now witnessing a slide into paramilitarism in the United States. (His family fled the Nazi occupation of Czechoslovakia.) Fried felt that President Trump was using the Department of Homeland Security and other government agencies in a way that was “very menacing. You might as well put brown shirts on them. It’s a very bad thing.”A Harvard Law School professor who still counts himself as a Republican and a board member of groups such as the Campaign Legal Center, Checks and Balances, and Republicans for the Rule of Law, Fried has grown increasingly worried in recent months about Trump’s willingness to stir chaos and violence as an electoral strategy in the run-up to November’s vote and about the willingness of his attorney general, William Barr, to burn the country’s democratic institutions to the ground to preserve this administration’s hold on power. Like earlier authoritarians, Trump could, Fried fears, utilize “agents provocateurs, getting right-wing people to infiltrate left-oriented and by-and-large peaceful demonstrations to turn them violent to thereby justify intervention.” Fried, a student of history who chooses his words carefully, has concluded that Trump and his team are “certainly racist, contemptuous of ordinary democratic and constitutional norms, and they believe their cause, their interests, are really the interests of the nation and therefore anything that keeps them in power is in the national interest. Does that make you a fascist? It kind of looks that way, doesn’t it?” Michael Steele, a former chair of the Republican National Committee, has come to share Fried’s conviction that Trump is a threat to the Republic, although Steele believes the Trump cult is more about naked political opportunism than any grand fascist ideology.

  • How Far Bill Barr Has Fallen

    June 29, 2020

    An article by Charles Fried and Edward J. Larson: Many observers breathed a sigh of relief when Bill Barr was confirmed as attorney general. Here was a respected professional who had served in the post once before in an honorable administration. Now, just a year and a half later, what a disappointment he has proved. The man cannot be trusted. Think of the intentionally misleading account he gave of the Mueller report, at a time when the public and Congress had only Barr’s word to go by. Or the brief he allowed his Justice Department to file with the Supreme Court in the case about including a citizenship question on the 2020 census, whose rationale the Court later characterized as “contrived” and “pretextual.” Or his false account of the use of armed forces to clear Lafayette Square for the president’s photo op. Or his statement that U.S. Attorney Geoffrey Berman asked to step down, when Berman had done no such thing. And now we have damning testimony this week about the politicization of the Department of Justice in the prosecution of the Trump ally Roger Stone. The attorney general is entitled to his opinion on the policies underlying these matters, and to argue forcefully for them. But as a lawyer, as a high official, as an officer of the court, he must not misrepresent the facts or the authorities. Americans need not agree with the attorney general’s arguments or conclusions, but they must have absolute confidence that he will not try to deceive them.

  • ‘A Line Was Crossed.’ SCOTUS Lawyers Denounce Barr Over Move on Lafayette Square Demonstrators

    June 12, 2020

    A cross-ideological group of U.S. Supreme Court practitioners and former clerks on Thursday called for U.S. Attorney General William Barr to be held accountable for what they called the Trump administration’s “immoral” and “undemocratic” use of force against protesters in Lafayette Square on the evening of June 8. “A line was crossed last week. And we, as lawyers, must speak out to defend it,” the group wrote in a statement posted on Medium. The statement was signed by more than 100 attorneys, including 39 former Supreme Court clerks and 20 alums of the Justice Department’s office of solicitor general. Among them were Sidley Austin partner Carter Phillips, Mayer Brown partner Andrew Frey, Orrick Herrington + Sutcliffe partners E. Joshua Rosenkranz and Kelsi Corkran, Ropes & Gray partner Douglas Hallward-Driemeier, Hogan Lovells partner Catherine Stetson, and Harvard Law School’s Charles Fried. The statement also was signed by a number of former U.S. Justice department lawyers and constitutional law scholars. The statement followed one posted Wednesday, also critical of the Justice Department, from more than 1,260 former Justice Department lawyers across presidential administrations. “Last Monday, the Attorney General violated his oath by overseeing violence against peaceful protesters exercising their First Amendment rights. Those actions are irreconcilable with the unbiased administration of justice and the rule of law,” the new statement from the Supreme Court practitioners, former clerks and constitutional law scholars said.

  • Here’s what the Constitution’s 10th Amendment says about Trump’s claim to have total authority over states

    April 15, 2020

    While discussing whether he or the nation's governors have the power to lift restrictions states put in place to fight the spread of the coronavirus, President Donald Trump declared at a news briefing Monday, "When somebody’s president of the United States, the authority is total." The president's unprecedented claim of total power met with immediate pushback from Democrats and Republicans, many of them arguing the U.S. Constitution explicitly refutes his claim to absolute authority...Charles Fried, who has taught at Harvard Law School since 1961, strongly disputed the idea that the 10th Amendment was relevant to Trump's claim of total authority and said the real issue was that Congress had not passed any law granting Trump authority to order a national quarantine or stay-at-home directive. Fried said the 10th Amendment was a "bogus concern" in this instance and anyone making that argument is "barking up the wrong tree" or is a "10th Amendment nut." "People like Cheney just want to bring federalism into everything, but it's not a federalism problem," Fried told USA TODAY. Fried said the problem was really in the fact that Congress hadn't given Trump the power that he claimed. But he said it theoretically could under its authority to regulate business as outlined in Article 1, Section 8 of the Constitution. "And that's why I don't like referring to the 10th Amendment. It's not really a 10th Amendment issue. It's a rule of law issue," Fried said. "The president can't just say, 'I am the boss.'"

  • Professor Charles Fried

    Charles Fried addresses Trump administration’s ‘contempt for the rule of law’

    April 10, 2020

    Harvard Law Professor Charles Fried, who served as solicitor general under President Ronald Reagan, joined 21 other conservative or libertarian attorneys in a statement condemning inspector general Michael Atkinson’s ouster as part of a “continuous assault on the rule of law.”

  • Statement in Response to Firing of Inspector General Michael Atkinson

    April 8, 2020

    A statement co-written by Charles FriedNot even a global public health crisis has kept the president from his continuous assault on the rule of law. Last week, President Trump notified Congress that he is firing the intelligence community inspector general, Michael Atkinson. Mr. Atkinson performed an important public service, as required by his official duties, in advancing the whistleblower complaint to Congress, which launched impeachment proceedings. Although the Senate ultimately voted not to convict and remove the president from office, the impeachment hearings included extensive witness testimony from current and former senior government officials that corroborated the accuracy of the initial whistleblower complaint. Throughout those proceedings, Mr. Atkinson conducted himself professionally and in accordance with his responsibilities. Mr. Atkinson has released a public statement regarding his dismissal, explaining that “it is hard not to think that the President’s loss of confidence” in him is directly derived from his “having faithfully discharged [his] legal obligations as an independent and impartial Inspector General[.]”  As he points out, protecting whistleblowers is, necessarily, and legally, a nonpartisan responsibility. Department of Justice Inspector General and Chair of the Council of the Inspectors General on Integrity and Efficiency Michael Horowitz has stated that Mr. Atkinson “is known throughout the Inspector General community for his integrity, professionalism, and commitment to the rule of law and independent oversight.” We too stand with Mr. Atkinson.

  • Obamacare, CFPB Show DOJ’s ‘Duty to Defend’ Isn’t Ironclad

    March 23, 2020

    Monday marks the tenth anniversary of the signing of President Barack Obama’s signature healthcare bill, the Affordable Care Act, and the 10-year anniversary of the first lawsuits seeking to strike it down. Back then, U.S. Representatives Mike Pence, Mick Mulvaney and 120 other Republican lawmakers criticized the Obama Justice Department for its willingness to defend the controversial Obamacare, while choosing to abandon the Defense of Marriage Act signed into law by another Democrat, Bill Clinton. The “Department of Justice is vigorously defending in numerous federal courts across the country President Obama’s signature health care reform law” even though it “barely passed both chambers of Congress on party line votes,” they said in a House Resolution, after two federal trial courts ruled parts of the ACA were unconstitutional...In deciding not to defend Obamacare, the administration is stretching its power, said Harvard Law School Professor Charles Fried, who served as solicitor general from 1985 to 1989 under President Ronald Reagan. Fortunately, Fried said, other parties often step in, as they did here, to defend the laws the government chooses not to, but “the Justice Department kind of loses some of its credibility.” “When it says we’re not going to defend it, it no longer means because it’s indefensible or no reasonable person could defend it,” he said. “It just means we don’t like it. The Justice Department is supposed to have weightier reasons than that.”

  • Statue of Liberty with American flag and helicopter flying.

    Restricting civil liberties amid the COVID-19 pandemic

    March 21, 2020

    As federal and state governments take measures to curtail public activity during the COVID-19 outbreak, Charles Fried and Nancy Gertner agree that the restriction on individual freedom is largely appropriate for the circumstance.

  • Mary Ann Glendon delivers the Scalia Lecture.

    Who needs foreign law?

    March 4, 2020

    The late Supreme Court Justice Antonin Scalia ’60 believed America had much to learn from laws adopted by nations abroad, according to Harvard Law School Professor Mary Ann Glendon. In an address titled “Who Needs Foreign Law?,” Glendon, the Learned Hand Professor of Law, gave a clear, if somewhat surprising, answer: Scalia did.

  • Former Reagan Official Calls AG Barr’s Actions ‘Dismaying’

    February 14, 2020

    There has been a lot of reaction to Attorney General William Barr's intervention in the Roger Stone case — when he called for a shorter sentence than the seven to nine years prosecutors recommended. Here & Now's Robin Young speaks with Charles Fried, who served as solicitor general under former President Reagan. Now he's a professor of law at Harvard Law School.

  • Reagan’s Solicitor General Says ‘All Honorable People’ Have Left Trump Cabinet: ‘He Is Capable Of Doing Serious Damage’

    January 22, 2020

    Charles Fried was a fervent, superior officer on the frontlines of the Reagan Revolution. As solicitor general of the United States from 1985 to 1989, he urged the U.S. Supreme Court to overturn the reining liberal orthodoxies of his day—on abortion, civil rights, executive power and constitutional interpretation. But the Trump Revolution has proven a bridge too far. As he reveals in a scorching interview with Newsweek's Roger Parloff below, Fried has broken ranks. He denounces a president who is "perhaps the most dishonest person to ever sit in the White House." As disgusted as he is by President Donald Trump, Fried is, if possible, even more dismayed by William Barr, Trump's current attorney general, for having stepped up as Trump's chief apologist. Fried says of Barr. "His reputation is gone."

  • At Harvard Law, reluctance to apply for clerkships with Trump-appointed judges

    January 10, 2020

    Used to be that the promise of earning a sterling line on a resume and connections to stars of the legal profession was enough to lure Harvard law students to federal clerkships...The expectation is that judges and their clerks will act and make decisions based on the law, not in the interest of ideology or political party, said Charles Fried, a Harvard constitutional law professor and former solicitor general in the Reagan administration. “If the only people who will clerk for a Trump-nominated judge are the people who voted for Trump, it will drive things to further extremes,” Fried said. “It’s odd and self-defeating.” Judges without strong experience who may be too ideologically driven need smart law clerks who will offer different perspectives, he said...“We work to share available clerkship opportunities with our students, confident they will apply for the ones that best suit their interests and needs,” said Mark Weber, assistant dean for career services at Harvard Law School in a statement. “We understand that different judges appeal to different applicants for different reasons.”...Nancy Gertner, a retired Massachusetts federal judge who teaches at Harvard, said neither the president nor students should have narrow slates of judges that they are willing to consider. “You can’t be in a position to say there has to be an orthodoxy to become a judge or work for a judge,” Gertner said.

  • Amendment 4 restrictions spoil ex-felons’ redemption

    January 3, 2020

    An article by Charles Fried: Over the last few years, teams of law students from several schools as well as volunteers from a variety of organizations staffed phone banks or traveled to Alabama to help educate people with felony convictions, who had served their terms, about their restored voting rights and to help them register to vote. These volunteers reported that this was one of their most gratifying experiences as students or lawyers. Many of the people they contacted were surprised that their fellow citizens took the effort to reengage them in the political process. But more than that, many of these individuals expressed joy that their right to vote represented to them the full restoration of their citizenship. Perhaps some of these volunteers remembered the line from Hebrews: “Remember those in prison as if you were bound with them, and those who are mistreated as if you were suffering with them."

  • Conservative ‘Legal Legend’ Rails Against Trump: ‘This Man Terrifies Me’

    December 2, 2019

    A longtime leading conservative voice slammed President  on Thursday as “ignorant and foul-mouthed,” and warned the nation is in a constitutional crisis. Charles Fried, a constitutional law professor at Harvard University who was solicitor general to President , told ’s  how he fled Czechoslovakia when the Nazis took over and eventually settled in the United States. “I’ve had a wonderful life here. I love it, as do my children and my grandchildren,” he said. “And this man terrifies me.” Fried added: [Trump] says that the Constitution said ― and he said this to a bunch of high school students ― ‘I can do whatever I want, that’s what Article II says.’ Well it doesn’t, any lawyer knows that, any lawyer except maybe [Attorney General] Bill Barr and Mr. Cipollone [White House counsel Pat Cipollone]. “Our fidelity is to the law, and to the office,” Fried said. “Not to a man.”

  • David L. Shapiro, Harvard Law professor and former deputy solicitor general, dies at 87

    December 2, 2019

    In a 65-page critique of early decisions made by William H. Rehnquist, who was then an associate justice on the US Supreme Court, Harvard Law School professor David L. Shapiro wasted no time getting to his point — which he tucked at the end of his first paragraph. Basing his view on the justice’s written opinions and votes, Mr. Shapiro wrote in 1976 that while Rehnquist was “a man of considerable intellectual power and independence of mind, the unyielding character of his ideology has had a substantial adverse effect” on his work. Mr. Shapiro, the law school’s William Nelson Cromwell professor emeritus when he died at 87 on Nov. 19, was considered a leading intellectual light in the field of federal courts philosophy and theory. And for nearly a half-century he coedited editions of “The Federal Courts and the Federal System,” a key text for law students.“David was the heart and soul of ‘The Federal Courts and the Federal System,’ ” John F. Manning, dean of Harvard Law School, said in a statement. “He really shaped the field of federal courts. David was able to bring out the complexity and nuance of the law for judges, scholars, and practitioners, and he always did so with clarity and insight,” added Manning, who had joined Mr. Shapiro as a co-editor of the book’s sixth edition, published in 2010...Charles Fried, a Harvard Law School professor who, as solicitor general in the Reagan administration, hired Mr. Shapiro to serve as one of his deputies, recalled that some critics questioned the wisdom of hiring “somebody who had been so critical of the chief justice. Well, I knew Rehnquist and I think he couldn’t give a damn and it wouldn’t bother him a bit. It turned out there was no issue.”

  • Barr’s Legal Views Come Under Fire From Conservative-Leaning Lawyers

    November 25, 2019

    A group of conservative-leaning lawyers criticized Attorney General William P. Barr for the expansive view of presidential power he espoused in a recent speech and for his conclusion this spring that President Trump had not obstructed justice in the Russia investigation...Mr. Barr’s view on executive power is a misreading of the unitary executive theory, said Charles Fried, a Checks and Balances member and Harvard Law professor who endorsed the theory while he was solicitor general during the Reagan administration. In Mr. Fried’s reading of the theory, “the executive branch cannot be broken up into fragments.” While that branch acts as a unified expression of a president’s priorities, with the president firmly at the helm, “it is also clear that the executive branch is subject to law,” Mr. Fried said. “Barr takes that notion and eliminates the ‘under law’ part.”

  • ‘The Wild West’: Questions surround Trump legal team payments

    October 29, 2019

    In 1994, as a slew of scandals were popping up around President Bill Clinton, an attorney who worked with his defense team visited the Office of Government Ethics (OGE) in Washington to ask a simple question in person: Could the president of the United States accept free legal services from his personal lawyers? An unambiguous answer came back from the OGE, the executive branch’s in-house experts at preventing conflicts of interest: No...Flash forward 25 years, and President Trump is doing things very differently...Charles Fried, a Harvard Law professor who served as solicitor general under President Ronald Reagan and serves on the board of the nonpartisan Campaign Legal Center, said it would be “obviously problematic” for Trump to have a member of his legal team working pro bono. “He is ... receiving hundreds of hours of legal services, which, you know, people like Giuliani charge a thousand dollars an hour. [Trump is] getting that for free,” Fried said.

  • After Criticism, Trump to Select New Location for G7

    October 21, 2019

    President Trump said on Saturday that he would no longer hold next year’s Group of 7 meeting at his luxury golf club near Miami, a swift reversal after two days of intense criticism over awarding his family company a major diplomatic event. ... Lawyers who have served in both Republican and Democratic administrations objected to the selection of the Doral, including several who emphasized that even though Mr. Trump, as president, is exempt from a federal conflict-of-interest statute, his role in the matter was improper. “It stinks,” said Charles Fried, a Harvard law professor who served as solicitor general under President Ronald Reagan. “It is so completely blatant.” Some Republicans in Congress also questioned Mr. Trump’s move.

  • House Examines Boom In Buybacks Amid Bills To Curb Them

    October 18, 2019

    The House Financial Services Committee scrutinized the boom in stock buybacks on Thursday, with Democrats eyeing more regulation on buybacks to deter perceived abuses while Republicans cautioned against interfering with the ability of companies to deploy capital. The debate comes as the committee considers four bills that would, to varying degrees, limit or ban buybacks or require companies to increase disclosure about their buyback activity...Harvard law professor Jesse Fried said "lax" disclosure rules allow companies to not disclose their buyback actions until after a quarterly period has ended. He called for requiring companies to disclose trades made during a buyback within two days in order to boost transparency, which is similar to a time frame that applies to corporate insiders trading their own companies' stock. "You would curb a lot of these abuses," Fried said, adding that the U.K., Hong Kong and Japan have rules that require such disclosures be made in less time. "Other countries have figured this out, so there is no reason we can't do it," he said.

  • Noted conservative lawyer on Trump: ‘This man terrifies me’

    October 11, 2019

    Harvard Law School professor Charles Fried and Case Western Reserve Law professor Jonathan Adler explain why a speedy impeachment inquiry is necessary.

  • Nancy Pelosi speaking with reporters

    Experts explore the thorny legal and political implications of trying to unseat Trump

    September 25, 2019

    Harvard faculty explore the thorny legal and political implications of trying to unseat Trump, and whether it will matter in the end if it reaches the Republican-controlled Senate.

  • When a presidential pardon is illegal

    September 16, 2019

    An op-ed by Charles Fried: In 1865, in Ex parte Garland, the Supreme Court ruled that the president’s pardon power, granted in Article II, Section 2 of the Constitution, was absolute: Once exercised it could not be reversed, and therefore, because of his presidential pardon, former Confederate Senator Augustus Garland was beyond the reach of punishment or disqualifications for his past crimes. In that case, President Andrew Johnson, against the evident wishes of the Republican Reconstruction Congress, had pardoned Garland, one of many former Confederate politicians. It is a logical entailment of that ruling that the pardon power cannot be subject to prior legal constraints or limits on its valid exercise. Thus, though President Trump has blatantly ignored the procedures established to examine the propriety and circumstances of its exercise (there is in the Justice Department a pardon attorney who, with a staff, documents the relevant grounds for granting a pardon and makes recommendations based on past practice regarding its exercise), his pardon, once granted, as in the case of Sheriff Joseph Arpaio, cannot be undone.

  • Conservative Lawyers (Including George Conway) Condemn Trump’s ‘Ignorant Racist Nature’

    July 16, 2019

    A group of libertarian and conservative lawyers that formed to counter alleged transgressions of legal norms by the Trump administration issued a statement Monday condemning tweets from the president that urged four minority female Democratic House members to “go back” to their home countries. Trump’s tweets, saying four freshmen members of the U.S. House should “fix” their home countries before criticizing the U.S., deeply angered Democrats but left Republicans largely silent. All four of the lawmakers are U.S. citizens, and three of them were born in the United States...In addition to George Conway, of counsel to Wachtell, Lipton, Rosen & Katz, other signatories included Harvard Law School professor Charles Fried, a former Reagan administration U.S. solicitor general...

  • A Day of Sorrow for American Democracy

    July 9, 2019

    An article by Charles Fried:  The usual form for a justice who disagrees, no matter how fundamentally, with a decision of the Supreme Court is to end the opinion with the formula “I respectfully dissent.” Justice Antonin Scalia, in particularly high dudgeon, would sometimes drop the adverb. Last week, though, Justice Elena Kagan, writing for the four justices who disagreed with Chief Justice John Roberts’s opinion in Rucho v. Common Cause purporting to withdraw the Court once and for all from passing judgment on the constitutionality of partisan gerrymanders, ended thus: "Of all times to abandon the Court’s duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent." Kagan’s occasion for sorrow is deep not only because the chief justice left a fundamental flaw in our constitutional democracy without hope of a judicial remedy, but because of the defective reasoning by which he came to that conclusion.

  • Fear And Loathing At The Supreme Court — What Is Chief Justice John Roberts Up To?

    July 9, 2019

    What was he thinking? That is the question many are asking on both sides of the political spectrum. Chief Justice John Roberts repeatedly voted with the Supreme Court's conservatives this term, except in one, and only one, 5-4 decision. Written by Roberts, the ruling blocked the addition of a citizenship question on the 2020 census, leaving an angry President Trump desperately trying to find a way around it. It also left a lot of speculation about the motives of the chief justice..."There's no doubt there's an agenda here," said Harvard Law professor Charles Fried, who served for four years in the Reagan administration as solicitor general, the government's chief advocate in the Supreme Court. He and other Republican former officeholders filed a brief on behalf of those challenging extreme partisan gerrymanders. Alluding to Roberts' famous confirmation hearing comment that the job of a judge is not to bat for one side but to "call balls and strikes," Fried observes caustically, "This is not balls and strikes. This is a long term, shrewdly played, but persistent program."