David M. Dorsen

“Many former clerks explained that others—although rarely directly admitting it was themselves—were intimidated by Friendly. Whether or not Friendly intended it, intimidation was certainly present in varying degrees. One clerk stated that the common denominator of all visits to Friendly’s office was fear coupled with anxiety.42 Deadpan, Chief Justice John G. Roberts Jr. gave a specific example of this phenomenon. After explaining that he was not among those intimidated by Friendly, he shared that one time after Friendly buzzed him into his office he complained that everything was darker than usual and that some of the lights must have been out. Roberts could not bring himself to tell the judge that he was still wearing his clip-on sunglasses. He told Friendly’s secretary after he left his office.”
― David M. Dorsen, Henry Friendly, Greatest Judge of His Era

“Twenty-three years later Friendly rejected literalism and formalism (which gives a minor, or no, role to the facts of social life)31 and heeded Learned Hand’s remark that he was fond of quoting: “There is no surer way to misread any document than to read it literally.”
― David M. Dorsen, Henry Friendly, Greatest Judge of His Era