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Fried Confirmed to Court

Governor's Council Narrowly Approved Weld's Choice

'Kind of a Scalia?'

Several of those who served on the Governor's council said they believed the strenuous selection process will make Fried a better judge, by reminding him of both liberal and conservative viewpoints and the commitment he made to neutrality.

"I think that Professor Fried, as he goes to the bench, will remember a lot of the things that happened in the process," Kelly-Gay said. "We had a long conversation after the vote, and I'm sure he will remember some of the testimony, and his decisions will be better because of it."

Gov. William F. Weld '66, who nominated Fried, said after the confirmation vote that he expected Fried to have a dramatic impact on the court.

"I think he's going to be such an intellectual force that he could be kind of a Scalia on the court," Weld said in news reports, referring to the conservative Supreme Court judge Antonin Scalia.

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The Governor's comparison was particularly galling to those who opposed Fried during the nomination process.

"We feel that the Governor was very politically disingenuous regarding the nomination," Lee said. "Before the nomination he said nothing about Fried's political leanings, and then after the confirmation, he identified Fried as another Antonin Scalia."

While Weld may be eager to label Fried as a conservative powerhouse, his ideological impact on the court remains to be seen.

Earlier this summer two of Fried's fellow law school professors described him as a libertarian.

"He is, broadly speaking, a libertarian," said Laurence H. Tribe '62, Tyler professor of constitutional law. "He is a very strong proponent of free speech."

"[Fried] is a true libertarian who understands the line between free speech and violence and who values the Bill of Rights over political correctness," said Alan M. Dershowitz, Frankfurter professor of law.

Fried himself said in the Governor's Council hearings before his confirmation that he wouldn't bring a political agenda to the court.

"To serve the law as a judge is to come to the bench with no project, but only to listen to the arguments in each case as it comes before the court, and to apply the law wisely and humanely," Fried said.

Making the Grade

Although Fried's selection process earned him tough criticism on the basis of his politics, supporters and opponents agree he is a talented academic and an excellent solicitor.

He received undergraduate degrees from Princeton University in 1956 and Oxford University in 1958. In 1960, he received a Master's degree from Oxford University and a law degree from Columbia University.

He joined the Harvard faculty as an assistant professor of law in 1961, became a full professor in 1965 and was appointed to an endowed chair in 1981.

In the 1980's, he served as Solicitor General under Ronald Reagan.

After returning to the law school, he taught courses on constitutional law and the federal courts.

His writings include essays on topics such as legal philosophy and constitutional law. Among his books are Order and Law: Arguing the Reagan Revolution, published in 1991, and Contract as Promise, published in 1981.

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