Henry Friendly

She played an intimate role in his upbringing, devoting herself to raising her son and taking him to see evening performances of Gilbert and Sullivan; Friendly later recalled, "there was absolutely nothing she wouldn't have done for me.

"[23] A particular interest in European history led Friendly to take courses under prominent scholars Charles Homer Haskins, Archibald Cary Coolidge, and Frederick Jackson Turner.

[25] Next year, Friendly took inspiration from medievalist Charles Howard McIlwain, whose course in medieval England he credited with being "by all odds the greatest educational experience I had at Harvard College.

"[26] The historian broadened his knowledge of Latin and stressed the need to interpret documents as they were originally understood, a lesson adopted by Friendly when he ascended to the bench years later.

[27] A paper for McIlwain's course, "Church and State in England under William the Conqueror," won Friendly first place for the Bowdoin Prize and recognition among the faculty, who told him it could easily be accepted as a doctoral dissertation.

[28] History professor Frederick Merk, who judged one exam answer given by Friendly as worthy of publication in an academic journal, assured him of an appointment to the university's faculty.

He witnessed the alarming inflation and social unrest that grappled the Weimar Republic, then traveled to Amsterdam and thirdly to Paris, where he attended the École pratique des hautes études for a few months, presenting a French paper on 14th century parliament.

The professor made the young student one of his favorites, and it was due to Frankfurter that Friendly grew interested in federal jurisdiction and emerging field of administrative law.

[41] They included Thomas Reed Powell, a proponent of legal realism, as well as formalists Samuel Williston and Joseph Beale, who often had to contend with novel theories by Zechariah Chafee and Roscoe Pound.

Frankfurter had been living there with Emory Buckner; feeling that teaching would not sufficiently occupy him, he arranged for Friendly, along with classmates James Landis and Thomas Corcoran, to room together in the city.

After Buckner requested the assistance of two "bright young men," Frankfurter sent Friendly and Corcoran to aid him with his prosecution of Harry Daugherty at the New York U.S. Attorney's office.

[65] He decided to begin with Brandeis in the fall after graduation, and traveled to Washington, D.C., where a front-page story by The Christian Science Monitor described their association as "the two highest Harvard Law men to work together.

"[72] The most prominent case of the term had been Olmstead v. United States (1928), challenging government wiretapping, in which Friendly convinced the justice to remove from his dissent an erroneous passage which described television as being able to "peer into the inmost recesses of the home.

After months of uneventful work under Clark, Elihu Root Jr.[m] reassigned Friendly to a case representing Pan American-Grace Airways and its president, Juan Trippe.

Friendly would assume control of the company's legal affairs with Root's consent not long afterward, primarily tasked with handling its contracts and diplomatic relationships.

[88] In 1931, Brandeis once again urged Friendly to join the faculty of Harvard Law School, this time with the additional support of Frankfurter, Roscoe Pound, Calvert Magruder, and Edward Morgan.

When Friendly refused in order to remain in private practice, Brandeis and Frankfurter attempted to get him to join the Reconstruction Finance Corporation (RFC) as its assistant general counsel the next year at the invitation of Eugene Meyer.

From 1931 until 1933, John Marshall Harlan II, a senior associate[91] at Root, Clark, was embroiled with a case representing the will of the late heirless Ella Virginia von Echtzel Wendel.

Friendly was a prime assistant to Harlan, proving false the claim of a prominent candidate, and whose extensive research into the claimant's forgeries led to the dissolve of several other parties' cases.

[97] The departure of a substantial portion of its lawyers caused a serious split in Root, Clark; though the firm was damaged, it left on good terms with the newly formed Cleary, Gottlieb.

Cleary, Gottlieb grew quickly, and it would attract high-profile clients such as Bing Crosby, Albert Einstein,[102] the French government, and Sherman Fairchild.

He also successfully distinguished himself in oral argument at the Court of Appeals for the First Circuit, where he argued before Judge Calvert Magruder, who had previously been among those to recommend Friendly to join the Harvard Law faculty.

With Raymond Cook,[107] Hughes' lawyer, Friendly's efforts to clear the contract ensured its survival amidst a bond issue with the U.S. Securities and Exchange Commission.

Attorney General Herbert Brownell Jr., with whom Friendly worked with during his days at Harvard Law, began searching for potential candidates to the Court of Appeals for the Second Circuit.

I have not the slightest doubt that as a Circuit Judge he would be an addition to our court, as great as, if not greater than, anyone else you could choose; not only because of his unblemished reputation and high scholarship, but because of his balanced wisdom and wide outlook.

Additionally, the legal bouts against Landis and TWA received limited media coverage, nor was he an active member of academia, having turned a career as a professor down years prior.

[111] In 1954, John Marshall Harlan II was appointed by Eisenhower to the U.S. Supreme Court to replace Justice Robert Jackson, leaving his position on the Second Circuit vacant.

[113] On October 23, 1957, Brownell Jr. resigned as Attorney General and was replaced by William P. Rogers,[114] who soon received letters from Frankfurter when Judge Harold Medina announced his retirement in January 1958.

[116] Frankfurter's voiced support to Minority Leader Lyndon B. Johnson, who in turn convinced Senator Thomas Dodd to send the hearing notice, ensured Friendly's confirmation on September 9.

[126] He wrote extensively in law reviews, publishing works that were considered seminal in multiple fields and extraordinary in combination with his existing workload as an appellate judge.

Friendly (topmost right) pictured in 1917 with other members of the Elmira Free Academy Debate Society
Friendly, seen while still a Harvard Law student, pictured in a 1927 edition of The Star Gazette
As a newly appointed law clerk to Justice Louis Brandeis , Friendly is portrayed in a 1927 issue of The Columbia Record
Harvard professor and future Justice Felix Frankfurter ( pictured ) served as a mentor to Friendly during both his undergraduate and graduate years, arranging for him positions at Harvard Law School. [ 78 ]
Image of Philip Bobbitt
Philip Bobbitt , 1975–76
Image of Merrick Garland
Merrick Garland , 1977–78
Image of John Roberts
John Roberts , 1979–80