Laurence Silberman
Laurence Silberman | |
---|---|
United States Ambassador to Yugoslavia | |
In office May 8, 1975 – December 26, 1976 | |
President | Gerald Ford |
Preceded by | Malcolm Toon |
Succeeded by | Lawrence Eagleburger |
14th United States Deputy Attorney General | |
In office January 20, 1974 – April 6, 1975 | |
President |
|
Preceded by | William Ruckelshaus |
Succeeded by | Harold R. Tyler Jr. |
United States Under Secretary of Labor | |
In office 1970–1973 | |
President | Richard Nixon |
Preceded by | James Day Hodgson |
Succeeded by | Richard F. Schubert |
United States Solicitor of Labor | |
In office 1969–1970 | |
President | Richard Nixon |
Preceded by | Charles Donahue |
Succeeded by | Peter Nash |
Personal details | |
Born | Laurence Hirsch Silberman October 12, 1935 York, Pennsylvania, U.S. |
Died | October 2, 2022 Washington, D.C., U.S. | (aged 86)
Political party | Republican |
Spouses |
|
Children | 3, including Robert |
Education | |
Awards | Presidential Medal of Freedom (2008) |
Laurence Hirsch Silberman (October 12, 1935 – October 2, 2022) was an American jurist and diplomat who served as a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1985 until his death. He was appointed in October 1985 by President Ronald Reagan and took senior status on November 1, 2000. On June 11, 2008, President George W. Bush awarded Silberman the Presidential Medal of Freedom.[1]
Early life and education
Silberman was born in 1935 to a
Career
Silberman worked as a partner at the law firms Moore, Silberman & Schulze in
He also led the development of legislation to implement "final offer selection" as a means of resolving labor disputes.[5] As Undersecretary, he repeatedly clashed with Charles "Chuck" Colson and tendered his resignation to compel the hiring of a black regional director in New York in 1972.[6]
President Richard Nixon nominated Silberman to be Deputy Attorney General of the United States in January 1974.[7] Silberman was tasked with reviewing J. Edgar Hoover's secret files, which he described as "the single worst experience of my long governmental service."[8] Silberman stated that "this country – and the Federal Bureau of Investigation – would be well served if [Hoover's] name were removed from the bureau's building. It is as if the Defense Department were named for Aaron Burr. Liberals and conservatives should unite to support legislation to accomplish this repudiation of a very sad chapter in American history."[9] Silberman also served briefly as Acting Attorney General during the Watergate crisis.[10] Silberman's resignation was accepted by President Gerald Ford, pending the confirmation of his successor.[11]
Ford nominated Silberman as ambassador to
In total, Silberman has held six Senate-confirmed positions and never received a dissenting vote.[16]
Federal judicial service
Silberman was nominated by President Ronald Reagan on September 11, 1985, to the United States Court of Appeals for the District of Columbia Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the United States Senate on October 25, 1985, and received commission on October 28, 1985. He assumed senior status on November 1, 2000.[3]
Silberman was on the short list of potential nominees to the
On February 6, 2004, Silberman was appointed co-chairman of the
In 2008, Silberman, joined by five other senior judges, initiated a suit against the United States, "claiming that when Congress refused to authorize statutory cost-of-living raises for federal judges, it violated the Compensation Clause [of the Constitution]".[26][27] The Federal Judges Association opposed bringing the suit.[27] The suit was ultimately successful, leading to a nationwide rise in pay for all federal judges as of January 1, 2014.[28]
In 2015, Silberman wrote an
In October 2021, Silberman won the first annual Justice Clarence Thomas First Principles Award for his judicial service. The Wall Street Journal editorial board called him "one of the all-time giants of the federal bench" and perhaps "the most influential judge never to have sat on the Supreme Court."[30]
Yale Law School protest
On March 17, 2022, several news outlets published an email that Silberman had sent to all Article III
Legal opinions
As a judge, Silberman authored a number of noteworthy opinions:
- In In re Sealed Case, 838 F.2d 476 (1988), Silberman held that the procedures for appointing independent counsels violated the Appointments Clause of the U.S. Constitution and the separation of powers, because they interfered with the President's ability to ensure that the laws are "faithfully executed".[36] This decision was subsequently reversed by the Supreme Court in Morrison v. Olson, 487 U.S. 654 (1988), over a vigorous dissent by Justice Antonin Scalia.[37]
- In a later Patriot Act, the use of foreign intelligence, and the role of the FISA Court. Silberman subsequently disclosed that he had in fact written the opinion.[16]
- In Parker v. District of Columbia, 478 F.3d 370 (2007), Silberman held that the District of Columbia's flat ban on the registration and carrying of firearms violated the Second Amendment right "to keep and bear arms".[39] The case was subsequently upheld by the Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008).[40]
- In Seven-Sky v. Holder, 661 F.3d 1 (2011), Silberman authored an opinion upholding the interstate commerce.[41] At the time, a number of commentators viewed Judge Silberman's opinion as an important bellwether of how the Supreme Court might decide the case.[42][43] The Supreme Court ultimately rejected Judge Silberman's reasoning in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), by a vote of 5 to 4, upholding the Affordable Care Act instead as an exercise of the taxing power.[44] Some commentators praised Silberman, a Reagan appointee, for his "judicial restraint" in upholding the signature statute of a Democratic administration. Writing in Slate, Simon Lazarus described Silberman as a "conservative icon" and noted that "despite intense short-term political pressures and long-term ideological stakes, leading conservative jurists appear likely to stick to their traditional judicial restraint canon when deciding the fate of the Affordable Care Act".[45]
- Dissenting vigorously in Tah v. Global Witness Publishing, Inc. Silberman called on the Supreme Court to overturn New York Times v. Sullivan, and claimed that The New York Times and The Washington Post are "virtually Democratic Party broadsheets," and labeled "[n]early all television—network and cable—a Democratic Party trumpet." His dissent also accused big tech companies of censoring conservatives and warned that "Democratic Party ideological control" of the media may be a prelude to an "authoritarian or dictatorial regime" that constitutes "a threat to a viable democracy".[46]
Academic career
Silberman was a lecturer at the
Criticism
"October Surprise"
Some commentators have speculated that Silberman may have been involved in the so-called "October Surprise" with respect to the Iran hostage crisis prior to the 1980 presidential election, alleging that Silberman and others had attended meetings to negotiate the delayed release of the hostages by the Iranian government.[49]
Silberman publicly responded as follows to the allegations:
In the early fall of 1980 when I was Co-Chairman of Governor Reagan's foreign policy advisors and then a San Francisco banker, I came back to Washington for a meeting of Governor Reagan's advisors.
President Carter. I was shocked and responded spontaneously that we Americans have only one President at a time, and although Dick asked him for any actual information he might have on the hostages—which he did not have—we left after only a few minutes. I advised Dick to write a memo of the meeting, which he did. Unfortunately the memo, subsequently authenticated by the FBI, was mislaid for years. Ironically, it was I who unwittingly initiated the so-called "October Surprise" story, which grew into an utterly fantastic tale, even including George H. W. Bush's alleged secret trips to Paris to meet with Iranian emissaries. Bill Safire heard something of the L'Enfant Plaza meeting when he was doing a rather critical story on McFarlane, who had been Reagan's National Security Advisor. He called me (I was by then on the bench), and I told him what occurred. He made brief mention of it in a column raising, perhaps, unfair questions about McFarlane's judgment—it may well be that McFarlane was acting for Senator Tower.[50]
On January 3, 1993, the bipartisan Joint Report of the Task Force to Investigate Certain Allegations Concerning the Holding of American Hostages by Iran in 1980, also known as the "October Surprise Task Force," was released. The Task Force, led by Rep.
Iran–Contra affair
Silberman served on a panel of the D.C. Circuit in U.S. vs. Oliver L. North, 910 F.2d 843 (1990), in which a
In his memoir, Firewall, published seven years after the case in 1997, Lawrence Walsh, the Independent Counsel appointed by President Reagan to investigate the Iran Contra Affair, he mused that in retrospect, he wished that he had moved for Silberman's recusal from the panel:
Yet I was reluctant to request that Silberman disqualify himself. Prior government service or political activity did not bar him from serving on the panel. His unfavorable view of independent counsel, if it arose in the course of litigation rather than outside the courtroom, was not a basis for disqualification. Too late, I learned that he had a personal animus: He despised Judge Gerhard Gesell [who presided over the North case in the lower court]. Indeed, Silberman had stopped having lunch in the judges' lunchroom because of his antipathy for Gesell. Had I known that, the scales certainly would have tipped in favor of my seeking his recusal.[55][56]
Silberman also observed that David Brock, latterly a Silberman critic (see below), published a refutation of Lawrence Walsh's characterization of Judge Silberman's involvement in the North case:
I am still gratified, however, by Brock's review of Lawrence Walsh's book, which he has never (or at least, not yet) repudiated. In that review, Brock, by interviewing federal judges, demolished Walsh's bizarre and unique claim that I should have recused myself from sitting on the North case because of my supposed hostility to the federal district judge who decided the case. As Brock established, that assertion—which no one ever heard of as a ground for recusal—was untrue.[9]
Personal life and death
Silberman's first wife, Rosalie "Ricky" Gaull Silberman, co-founder of the Independent Women's Forum, died on February 17, 2007. Together, they had three children, Robert S. Silberman, Kate Fischer,[57] and Anne Otis.[58] His eight grandchildren include the screenwriter and film producer Katie Silberman.[59] Silberman married Patricia Winn Silberman in 2008.[60]
Silberman was a close friend of Justice
Silberman died on October 2, 2022, ten days before his 87th birthday.[64]
See also
References
- ^ "Statement by the Press Secretary". georgewbush-whitehouse.archives.gov. Archived from the original on July 31, 2017. Retrieved September 2, 2017.
- ISSN 0362-4331. Retrieved April 18, 2023.
- ^ a b c "Silberman, Laurence Hirsch - Federal Judicial Center". www.fjc.gov. Retrieved July 31, 2017.
- ^ Silberman, Laurence (August 11, 1977). "The Road to Racial Quotas". Wall Street Journal.
- ^ Silberman, Laurence (Spring 2012). "The Development of 'Final Offer Selection'". The Green Bag.
- ^ Hersh, Seymour (July 1, 1973). "Colson Is Accused of Improper Use of His Influence". The New York Times.
- ^ "10 Jan 1974, 1 - Alabama Journal at Newspapers.com". Newspapers.com.
- ^ "Opinion & Reviews - Wall Street Journal". www.opinionjournal.com. Archived from the original on February 27, 2009. Retrieved September 6, 2006.
- ^ a b "Judge Silberman's response to David Brock's book". U.S. News & World Report. August 18, 2006. Archived from the original on July 31, 2017. Retrieved September 2, 2017.
- ^ "14 Jun 1974, 63 - Corpus Christi Times at Newspapers.com". Newspapers.com. Archived from the original on October 4, 2022. Retrieved October 3, 2022.
- ^ "13 Mar 1975, Page 24 - St. Louis Post-Dispatch at Newspapers.com". Newspapers.com. Archived from the original on October 4, 2022. Retrieved October 3, 2022.
- ^ "19 Apr 1975, 2 - Star-Gazette at Newspapers.com". Newspapers.com. Archived from the original on October 4, 2022. Retrieved October 3, 2022.
- ^ "13 Mar 1977, Page 3 - Valley Morning Star at Newspapers.com". Newspapers.com. Archived from the original on October 4, 2022. Retrieved October 3, 2022.
- ^ Malcolm W. Browne, "Tito Attacks U.S. Envoy for 'Pressure Campaign,'" New York Times August 1, 1976.
- ^ "7 Feb 2004, Page A15 - The Baltimore Sun at Newspapers.com". Newspapers.com. Archived from the original on October 4, 2022. Retrieved October 3, 2022.
- ^ a b c "Interview with Hon. Laurence H. Silberman (2017)" (PDF). Archived (PDF) from the original on June 24, 2021. Retrieved March 22, 2021.
- ^ "He's Always on the Short List," Charley Roberts, Los Angeles Daily Journal, 1992.
- The Minneapolis Star-Tribune. October 27, 1987. p. 3A.
- The Billings Gazette. October 28, 1987. p. 8-A.
- from the original on March 19, 2021. Retrieved March 22, 2021.
- Atlanta Constitution. October 26, 1987. p. 2A.
- ^ Kelly, Orr (June 26, 1974). "Silberman: A 'Tough Cookie' Ramrods Justice". Washington Star-News.
- ^ Freedman, Dan (October 28, 1987). "White House Busy on New Court List; Two Women Reportedly Among 9 Names of Possible Supreme Court Candidates". San Francisco Examiner. p. A-4.
- ^ "www.thememoryhole.org / server maintenance". www.thememoryhole.org. Archived from the original on October 10, 2002. Retrieved January 20, 2006.
- ^ Patterson, Thom. "Job opening for attorney general with credibility". www.cnn.com. Archived from the original on September 1, 2007. Retrieved August 30, 2007.
- ^ Frankel, Alison. "Federal Circuit: Congress can't renege on pay promises to judges". Archived from the original on October 14, 2012.
- ^ a b Silberman Reply Archived August 5, 2022, at the Wayback Machine
- ^ "Federal judges in cost-of-living suit collect a 14 percent raise after years of legal battles". Washington Post. Archived from the original on July 31, 2017. Retrieved July 31, 2017.
- ^ Brendan James, Federal Appeals Judge Compares People Who Say Bush Lied To Rise Of Nazis Archived February 9, 2015, at the Wayback Machine Talking Points Memo February 9, 2015
- Wall Street JournalOctober 24, 2021
- ^ Charonsky, Christine (March 17, 2022). "Federal Appeals Judge Suggests Yale Law Protesters 'Should Be Disqualified for Potential Clerkships'". Law.com. Archived from the original on March 17, 2022. Retrieved March 17, 2022.
- ^ Evans, Zachary (March 17, 2022). "D.C. Judge Suggests Yale Students Who Shouted Down Speakers Should Be Barred from Clerkships". National Review. Archived from the original on March 17, 2022. Retrieved March 17, 2022.
- ^ Aker, Eda (March 15, 2022). "Yale Law students protest anti-LGBTQ speaker, armed police presence triggers backlash". Yale Daily News. Archived from the original on March 16, 2022. Retrieved March 17, 2022.
- ^ Stern, Mark (March 18, 2022). "The Truth About the Yale Law Protest That Prompted a Federal Judge to Threaten a Clerkship Blacklist". Slate.com. Archived from the original on March 18, 2022. Retrieved March 18, 2022.
- ^ Charonsky, Christine (March 18, 2022). "Appalling or Absolutely Correct? Divided Reaction to Judge's Call to Block Yale Law Protesters from Clerkships". Law.com. Archived from the original on March 19, 2022. Retrieved March 18, 2022.
- ^ In re SEALED CASE (Three Cases), 838 F.2d 476 (D.C. Cir. 1988).
- ^ Morrison v. Olson, 457 U.S. 654 (1988).
- In re: Sealed Case No. 02-001, 310 F.3d 717 (United States Foreign Intelligence Surveillance Court of Review2002).
- Parker v. District of Columbia, 478 F.3d 370(D.C. Cir. 2007).
- ^ District of Columbia v. Heller, 554 U.S. 570 (2008), 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008).
- ^ Seven-Sky v. Holder, 661 F.3d 1, 14–20 (D.C. Cir. 2011).
- ^ Simon Lazarus (2011-11-09)."May It Please the Court Archived August 12, 2012, at the Wayback Machine, Slate (magazine). Retrieved 2012-11-18.
- ^ Noah Feldman (2011-11-13), Conservative Health-Care Split Offers Court a Path Archived February 24, 2017, at the Wayback Machine, Bloomberg. Retrieved 2012-11-18.
- ^ National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), 132 S. Ct. 2566 (2012)
- ^ Lazarus, Simon (November 9, 2011). "Why the Supreme Court May Pay Special Attention to This Week's Decision Upholding Obamacare". slate.com. Archived from the original on October 4, 2022. Retrieved June 7, 2021.
- ^ Marcus, Ruth (March 19, 2021). "Reagan-Appointed Circuit Judge Issues Scathing Dissent Calling NYT and WaPo 'Democratic Party Broadsheets,' Praising Fox News". Archived from the original on March 19, 2021. Retrieved March 19, 2021.
- ^ "Hon. Laurence H. Silberman". fedsoc.org. September 15, 2022. Archived from the original on October 4, 2022. Retrieved October 3, 2022.
- ^ Interview Archived October 4, 2022, at the Wayback Machine
- ^ "SURPRISING LOOK AT HOSTAGE SCANDAL". Chicago Tribune. August 18, 1989. Archived from the original on November 27, 2021. Retrieved October 3, 2022.
- ^ [32 Harv. J.L. & Pub. Pol'y 503. See also Dartmouth Alumni Magazine (Nov./Dec. 2008), at pp. 49-50.]
- ^ United States. (July 31, 1993). Joint report of the Task Force to Investigate Certain Allegations Concerning the Holding of American Hostages by Iran in 1980 ("October Surprise Task Force"). [U.S. G.P.O.] : For sale by the U.S. G.P.O., Supt. of Docs. Archived from the original on July 14, 2019. Retrieved July 14, 2019 – via Hathi Trust.
- ^ "NORTH ASKS APPEALS COURT TO OVERTURN HIS CONVICTION". Sun Sentinel. February 7, 1990. Archived from the original on July 1, 2021. Retrieved October 3, 2022.
- ^ Johnston, David; Times, Special To the New York (July 21, 1990). "NORTH CONVICTION REVERSED IN PART; REVIEW IS ORDERED". The New York Times. Archived from the original on August 29, 2022. Retrieved October 3, 2022.
- ^ "Ex-judge on Iraq inquiry 'involved in cover-up'". the Guardian. February 10, 2004. Archived from the original on November 28, 2021. Retrieved October 3, 2022.
- ^ [Firewall, by Lawrence Walsh, pp. 249-50.]
- ^ "American Spectator American Spectator - Insanity or Vanity? The Case Against Lawrence Walsh". search.opinionarchives.com. Archived from the original on April 8, 2015. Retrieved January 29, 2015.
- ^ "Board of Trustees". St. Stephen's School. Archived from the original on October 26, 2021. Retrieved October 26, 2021.
- from the original on May 27, 2015. Retrieved August 14, 2020.
- ^ "Constitution Day Event with Laurence Silberman '57". Nelson A. Rockefeller Center for Public Policy. Archived from the original on May 26, 2022. Retrieved October 3, 2022.
- ^ "Laurence Silberman, titan of conservative jurisprudence, dies at 86". The Washington Post. Retrieved October 5, 2022.
- ^ "Judge Silberman's Tribute at Justice Scalia's Memorial Service". C-SPAN. Archived from the original on July 23, 2021. Retrieved July 22, 2021.
- ^ "Part VI: Becoming a Judge - and perhaps a Justice". ABC News. October 1, 2007. Archived from the original on September 19, 2008. Retrieved June 28, 2020.
- ^ "Sprinkle: Justice Amy Coney Barrett: The conservative woman liberals love to hate | COMMENTARY". Baltimore Sun. November 7, 2020. Archived from the original on June 24, 2021. Retrieved October 3, 2022.
- ^ Wolfe, Jess Bravin, James R. Hagerty and Jan (October 3, 2022). "Judge Laurence Silberman Shaped Second Amendment Jurisprudence". Wall Street Journal. Archived from the original on October 3, 2022. Retrieved October 3, 2022.
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External links
- Laurence Silberman at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Appearances on C-SPAN