Frederick Bernays Wiener

Frederick Bernays Wiener
Born	June 1, 1906 New York, New York
Died	October 1, 1996(1996-10-01) (aged 90) Phoenix, Arizona
Occupation	Appellate Lawyer
Citizenship	United States
Education	Ph.B., LL.B.
Alma mater	Brown University, Harvard Law School
Period	1940-1978
Subject	Military justice, appellate practice
Spouse	Esther Helen Green (1933-1948), Doris Merchant (1949–1996)
Relatives	Sigmund Freud (grand-nephew)

Frederick Bernays "Fritz" Wiener (June 1, 1906 – October 1, 1996) was an American jurist specializing in military justice and constitutional law who became famous for the 1957 case of Reid v. Covert, which represents the only time a lawyer lost in the Supreme Court of the United States but prevailed on rehearing. That case was particularly notable in that it established that "no agreement with a foreign nation [i.e., no treaty] can confer power on the Congress, or on any other branch of Government, which is free from the restraints of the Constitution."^[1]

He is also noted for arguing for the victorious appellants in the racial discrimination case Moose Lodge No. 107 v. Irvis, 407 U.S. 163 (1972), and the losing appellant in the reapportionment case Roman v. Sincock, 377 U.S. 695 (1964). "^[2]

Education and career

Wiener graduated summa cum laude from Brown University in 1927, and magna cum laude from Harvard Law School, where he was note editor for the Harvard Law Review, in 1930. He was admitted to the bar of Rhode Island the next year, and the Supreme Court bar in 1934.

During World War II, he served in the Judge Advocate General's Corps, retiring from the United States Army in 1966 with the rank of colonel.^[3] Working for the Solicitor General's Office and later in private practice, he often argued before the U.S. Supreme Court.^[4]

From 1951 to 1956, he lectured in law at George Washington University, while also lecturing before foreign and domestic groups.^[5] In 1962 he was awarded a Guggenheim Fellowship.^[6] He retired from active practice in 1973 while continuing occasional consultations.^[3] In 1974, he was awarded the U.S. Army's Outstanding Civilian Service Medal.^[5]

Wiener was called no less than seven times to testify before Congress on matters pertaining to military law.^[5] On 6 August 1984, he testified^[7] before the United States Senate Governmental Affairs Subcommittee on Civil Service, Post Office and General Services, chaired by Senator Ted Stevens, against the passage of Senate Bill 2116, a bill which, based on the findings of the Commission on Wartime Relocation and Internment of Civilians, sought to provide an apology and financial reparations to Japanese-Americans interned during World War II. Wiener testified that the commission's report contained numerous misstatements and omissions that led to erroneous conclusions, in part because several of the commissioners had made up their minds before the investigation began. The bill died in committee without coming up for a vote.^[8]

In March 2020, Paul R. Baier—the Judge Henry A. Politz Professor of Law at LSU Law Center—published a biography of Wiener based on his unpublished draft autobiography, titled Written in Water. (ISBN 1946074225)^[9]

See also

• Civil Liberties Act of 1988

References

1. Black, J. "Opinion of the Court," 354 U.S. 1 (1957), SCotUS.
2. "An Extraordinary Life in the Law: Frederick Bernays Wiener, Esq." by Robert Ellis Smith, Esq., Rhode Island Bar Association Journal, 63(2), September/October 2014
3. "Statement by Frederick Bernays Wiener". Internment Archives. 3 July 1984. p. 1. Archived from the original on 15 July 2011. Retrieved 15 October 2020.
4. Garner, Bryan A. "Introduction." in Wiener, Frederick Bernays. (1961) [2001] Briefing and Arguing Federal Appeals. Washington, D.C.: BNA Incorporated. Reprinted by The Lawbook Exchange, Ltd. i. LCCN 2001-31682. ISBN 978-1-58477-183-8.
5. "Statement by Frederick Bernays Wiener". Internment Archives. 3 July 1984. p. 2. Archived from the original on 15 July 2011. Retrieved 15 October 2020.
6. "Frederick Bernays Wiener". John Simon Guggenheim Memorial Foundation. Retrieved December 16, 2019.
7. Committee on Governmental Affairs of the United States Senate, 98th Congress, 2nd Session, S. Hrg. 98-1304 (16 August 1984). "Testimony of Frederick B. Wiener". Recommendations of the Commission on Wartime Internment and Relocation of Citizens. Washington D.C.: U.S. Government Printing Office. pp. 264–299. Archived from the original on 15 July 2011. Retrieved 27 October 2009.
8. Shimabukuro, Robert Sadamu (2001). Born in Seattle: The Campaign for Japanese American Redress. Seattle, Washington: University of Washington Press. pp. 103–104. ISBN 0-295-98142-3.
9. "Twelve Tables Press Announces Publication of Legal Biography of Frederick Bernays Wiener 'Written in Water'". Twelve Tables Press. 19 March 2020. Archived from the original on 3 August 2020. Retrieved 15 October 2020.