Death-Obituary Laurence Silberman Obituary, Conservative Touchstone On The Bench, Dies At 86

Death-Obituary Laurence Silberman Obituary, Conservative Touchstone On The Bench, Dies At 86

Laurence Silberman Death, Obituary – Laurence H. Silberman, a conservative federal appeals court judge and advocate of judicial restraint whose opinions on guns rights, press freedom, the Affordable Care Act, and other crucial issues resonated widely and sometimes anticipated decisions by the Supreme Court, passed away on Sunday at his home in Washington. Silberman was a judge on the court of appeals for the United States Department of Justice. He was 86.

His death was announced by Chief Judge Sri Srinivasan of the United States Court of Appeals for the District of Columbia, where Judge Silberman had sat since he was appointed by President Ronald Reagan in 1985 and where he continued to adjudicate cases long after he assumed senior status in 2000. His passing was announced by Chief Judge Sri Srinivasan of the United States Court of Appeals for the District of Columbia. According to Robert, his son, the problem was an infection.

In 2008, President George W. Bush presented Judge Silberman with the Presidential Medal of Freedom, which is the highest civilian honor that can be bestowed upon an individual in the United States. Additionally, Judge Silberman was considered for a seat on the Supreme Court by three different Republican presidents. He was unanimously confirmed by the Senate for six federal posts.

Even if he was never able to get there, his decisions on the District of Columbia Court of Appeals, which is widely regarded as having one of the most powerful benches in the country, might still have a significant impact. He was referred to as “one of the all-time giants of the federal bench” and possibly “the most influential judge who has never sat on the Supreme Court” in an editorial that was published in The Wall Street Journal one year ago.

Judge Silberman defined judicial restraint not as acquiescence but as the process of delegating legislative authority to Congress and other representative bodies and allowing the federal courts to determine whether or not those laws are compatible with the Constitution. In 1988, for instance, he penned an opinion piece in which he asserted that the Watergate-era law that had been passed by Congress and that allowed for the appointment of special prosecutors was unconstitutional because it interfered with the powers that were granted to the president under the constitution. The Supreme Court did not agree, but in the end, the law was invalidated anyhow.

In 2002, he penned an opinion piece that upheld a major feature of the post-9/11 Patriot Act that allowed law enforcement and intelligence agents to more readily share information with one another. In 2007, he issued a ruling that stated that the tight gun registration procedures and the restriction on carrying guns in the District of Columbia violated the Second Amendment. It was a landmark judgment for gun rights proponents since the Supreme Court agreed with him and held that bearing guns constituted an individual right. This decision was a victory for gun rights activists.

In addition, in 2011, he ruled that the Affordable Care Act, which was enacted by the Obama administration and mandated that individuals have health insurance, was constitutional. He noted that the decisions of individuals to remain uninsured, when taken as a whole, have a major influence on interstate commerce and are, as a result, fair game for federal regulation. He was referring to the Affordable Care Act, which mandates that all Americans have health insurance.

Judge Silberman was praised in some quarters for his consistent application of judicial restraint, even when considering the constitutionality of an emblematic Democratic initiative, which led to the eventual upholding of the act by the Supreme Court on other grounds (later, Congress eliminated the requirement that individuals have insurance). In spite of this, he was not afraid to challenge established legal precedents.

In the year 2021, he gave a harsh dissenting opinion in a libel case and urged the Supreme Court to reverse its decision from 1964 in the case of New York Times v. Sullivan. According to that precedent, in order for a claim of libel to be sustained against a public figure, a plaintiff was required to prove that a published remark was either known to have been false or was published with reckless disregard for whether or not it was true.

Judge Silberman, who was arguing for a ruling that would make it easier for public figures to win libel suits, stated that The New York Times and The Washington Post had become “virtually Democratic Party broadsheets,” that “the news section of The Wall Street Journal leans in the same direction,” that nearly all TV network and cable outlets are “a Democratic Party trumpet,” and that large technology companies censor conservatives. He made these statements in support of a ruling that would make it easier for public figures to win

The “ideological dominance” of the media by the Democratic Party, which he warned could portend a “authoritarian or dictatorial state,” His view that the bar should be lowered for libel suits, if not exactly his reasoning, was mirrored by Supreme Court justices Neil M. Gorsuch and Clarence Thomas at a later date. Despite his reputation as a staunch conservative, Judge Silberman refused to be boxed in. In his role as solicitor in the Labor Department under the Nixon administration, he devised deadlines for affirmative action. These timetables included numerical quotas, something which he later stated he had initially sought to avoid.

As the undersecretary of labor, he made a threat to resign unless President Richard M. Nixon rejected an adviser to the White House who was attempting to block the nomination of a Black labor specialist as the director for the New York region of the Labor Department. A presidential commission was established in 2005, with Judge Silberman serving as one of its co-chairmen along with the Democrat Charles S. Robb, a former senator from Virginia. The commission’s report stated that the George W. Bush administration’s march to war in Iraq two years earlier was marred by serious intelligence failures. However, the panel did not give much credence to assertions that the reports of weapons of mass devastation had been purposefully overstated to justify the invasion of the United States.

A believer in the integrity of the government, Judge Silberman wrote that “the single worst experience of my long governmental service” occurred in the late 1970s. At the time, he was serving as acting attorney general under President Gerald R. Ford, and he was asked by the House Judiciary Committee to review “secret and confidential files” that had been hoarded by the former director of the FBI, J. Edgar Hoover. Judge Silberman wrote in an editorial column for The Wall Street Journal that “Hoover had indeed given his spies the mission of reporting discreetly to him any morsels of dirt about personalities such as Martin Luther King, or their families.” “Hoover would occasionally use this information to exert some type of covert blackmail in order to maintain his and the Bureau’s influence. Full Story

Death-Obituary Laurence Silberman Obituary, Conservative Touchstone On The Bench, Dies At 86