Henry Friendly

Henry Friendly was a preeminent American jurist who served as a judge on the United States Court of Appeals for the Second Circuit for over a quarter century. Appointed by President Dwight D. Eisenhower, he is widely regarded as one of the most influential appellate judges in United States history, renowned for his scholarly, lucid, and pragmatic opinions. His jurisprudence profoundly shaped administrative law, federal jurisdiction, and commercial law, earning him deep respect from the Supreme Court and the legal academy.

Early life and education

Born in New York City to a prominent family, he demonstrated exceptional intellectual ability from a young age. He attended Harvard College, graduating first in his class in 1923, and then attended Harvard Law School, where he served as president of the Harvard Law Review and graduated first in the class of 1927. At Harvard Law School, he studied under the legendary professor Felix Frankfurter, who became a lifelong mentor and friend. Following his graduation, he clerked for Justice Louis Brandeis of the Supreme Court of the United States, an experience that deeply influenced his judicial philosophy.

Legal career

After his clerkship, he joined the prestigious New York law firm Root, Clark, Buckner & Ballantine, which later became Cleary Gottlieb Steen & Hamilton. He developed a highly successful practice in corporate and securities law, representing major clients like the Pennsylvania Railroad. During World War II, he served as a special assistant to the Attorney General of the United States and later as general counsel for the War Shipping Administration. His expertise led to his appointment as chief counsel for the Presidential Railroad Commission in the 1960s.

Judicial service

In 1959, President Dwight D. Eisenhower appointed him to a seat on the United States Court of Appeals for the Second Circuit, succeeding Judge Harold Medina. He served as a judge on that court from 1959 until his death in 1986, including a period as chief judge from 1971 to 1973. Throughout his tenure, the Second Circuit was considered the nation's most influential commercial court, and he was its intellectual anchor, setting a standard of excellence for his colleagues like Thurgood Marshall, Irving R. Kaufman, and James L. Oakes. He maintained a famously heavy caseload and authored nearly 1,000 opinions.

Notable opinions and jurisprudence

His opinions are celebrated for their clarity, scholarly depth, and practical wisdom. In the realm of administrative law, his decision in *Greater Boston Television Corp. v. FCC* articulated a seminal standard for judicial review of agency action. In criminal procedure, his opinion in *United States v. Curcio* clarified the Sixth Amendment right to counsel. He made significant contributions to federal jurisdiction in cases like *T.B. Harms Co. v. Eliseu* and to commercial law in decisions involving the Uniform Commercial Code. His scholarly approach often led the Supreme Court to cite his rulings with approval.

Legacy and honors

He is consistently ranked among the greatest American judges never to have served on the Supreme Court. His legacy is preserved through the Henry Friendly Medal, awarded by the American Law Institute, and the Henry Friendly Lectures at Harvard Law School. Numerous prominent jurists, including Chief Justice John G. Roberts Jr., clerked for him, extending his influence across the federal judiciary. The United States Courthouse in New York City is named in his honor, a testament to his enduring impact on American law.

Category:1903 births Category:1986 deaths Category:American judges Category:United States court of appeals judges