Statements from the Court about the Passing of Judge Laurence H. Silberman

Statement of Chief Judge Sri Srinivasan:

We on the Court are deeply saddened by the passing of our dear colleague and friend, Judge Laurence H. Silberman. A public servant of the highest order, Judge Silberman served the Nation with great distinction for more than half a century. He earned Senate confirmation for five different positions spanning an extraordinarily wide range of duties, he received the Nation’s highest civilian honor, the Presidential Medal of Freedom, and he served on our Court for well over three decades. Judge Silberman left a profound mark on our Court and on the rule of law more broadly, and we have been privileged to witness his intense, abiding devotion to both. He was ever ready for spirited engagement and debate on any manner of issue, so often while bearing a signature twinkle in his eye – the image of which we will sorely miss seeing, and the spirit of which we will hold warmly and closely in our collective memory. We extend our most heartfelt condolences to Judge Silberman’s wife Tricia and to his children, grandchildren, great-grandchild, and extended family.


Statement of Judge Patricia A. Millett:

Larry Silberman was an intellectual and jurisprudential force of nature. Long essays can be and will be written on the brilliant legal mind of our dear colleague. Even longer essays could be, and no doubt will be, written about the hundreds of important and influential opinions he crafted on our court and their impact on the law. But what is even more remarkable, and a testament to his self-giving character, was that he devoted virtually his entire legal career to public service. He spent more than a decade serving in the Executive Branch, and then nearly four decades on our court. Throughout those years of service, Larry was passionate about preserving the rule of law and the fair administration of justice, and he devoted his life to advancing those values. A vigorous debater, Larry’s goal was always to get the law right as he saw it. It was a privilege to serve on this court with Larry and to witness his boundless energy and sharp mind constantly at work. This court will not be the same without him.


Statement of Judge Cornelia T.L. Pillard:

Larry Silberman had a formidable will and a restless, fierce intellect. But all a quaking advocate needed to know was that Judge Silberman welcomed a strong return of serve. He showed stamina in the back-and-forth, evident zest in landing a point, and—critically—genuine eagerness for powerful counterargument. In my first year on this court, I learned that Larry had made an historic choice decades earlier to withdraw his initial, decisive vote from a newly coalescing would-be majority seeking to reconsider en banc a spate of this court’s precedents. Larry’s act of statesmanship helped to reset a core norm of respect for panel decisions—a norm that carried through other sea changes on our court. Much will be said about Larry’s accomplishments. But as I have reflected on our colleague and friend in the days since his sudden death, I realize that what made Larry Silberman so influential and unforgettable are the qualities that made him lovable: his sociability, faith in ideas, and good humor. Larry and I often disagreed, but I always knew he cared what I thought. He bothered to call to ask. I usually got off the phone smiling—even when I was also shaking my head. We never stopped trying to persuade one another.


Statement of Judge Robert L. Wilkins:

I was deeply saddened to learn of the passing of our colleague, Judge Laurence H. Silberman. I greatly admired Larry’s highly consequential life as a practicing lawyer, Executive Branch attorney, ambassador, judge, and chairman of important commissions, among other accomplishments. He was a devoted servant to our nation, and his death leaves an irreplaceable void. I extend my prayers and sincere condolences to Tricia and all of Larry’s family, clerks and friends.


Statement of Judge Gregory G. Katsas:

Larry Silberman was of course a legal titan, but to me he was foremost a mentor, advisor, and friend. My first memories of Larry involve his mentoring my then-boss on this Court, Judge Clarence Thomas, some 32 years ago. During the ensuing decades, Larry began to offer me advice – often unsolicited – on everything from judicial pay increases to word limits for briefs. And when I joined the Court, his mentorship proved invaluable. Larry was brilliant, wise, seasoned, generous, warm, engaging, and witty. His stories are unmatched. Our friendship has been one of the highlights of my judicial service. May his memory be eternal.


Statement of Judge Neomi Rao:

Judge Silberman was a remarkable man who led a remarkable life. Always the principled jurist, he defended the rule of law with erudition and keen insight. I am grateful to have served with him on the D.C. Circuit these last few years. I will miss Judge Silberman’s mentorship and friendship but will take some solace and inspiration from his life of public service and unflagging high spirits. My thoughts and prayers are with Tricia and the Silberman family.


Statement of Judge Justin R. Walker:

Larry Silberman was brilliant, principled, and fearless. It is fitting that among his final words to the public was a call "to withstand the immense pressure to bow to conformity" -- a call he unfailingly heeded with courage and good cheer for five decades of public service. His passing is a loss for our court and our country.


Statement of Judge J. Michelle Childs:

Sadly I never had the opportunity to meet Judge Silberman in person as he was unable to attend our scheduled oral argument just last week. But you do not need to have known him personally to appreciate what an incredible impact he had both on the law and on this Court. He was the most dedicated of public servants and I can only hope to emulate his commitment to the D.C. Circuit.


Statement of Judge Florence Y. Pan:

I was deeply saddened to learn of Judge Silberman’s passing. While our time as colleagues on the D.C. Circuit was marked only by days, he had a much greater impact on my skills as an advocate than he will ever know. He presided over my very first oral argument as a young lawyer. When I made the rookie mistake of reading from my notes, Judge Silberman interrupted me: “Stop. Look up. Don’t read. Have a conversation with us.” It was a lesson I never forgot. I am only sorry that I will not be able to have more conversations with such a legal giant, and that I did not have more time to learn from such an extraordinary jurist.


Statement of Judge Harry T. Edwards:

I am very sad over the loss of my colleague, the Honorable Laurence H. Silberman. Larry and I worked together on the court for more years than any other two judges who have served on the DC Circuit. He was a brilliant jurist. One of Larry’s greatest contributions to the court came in 1987, when he reversed his position and voted to deny petitions for en banc review in Bartlett v. Bowen, 824 F.2d 1240, 1246 (D.C. Cir. 1987) (Silberman, J., concurring in the denials of rehearing en banc), and in two other highly controversial cases in which the court had initially granted en banc review. During the 1980s, the court was badly fractured because judges appointed by Presidents of the same party too often sided with one another seemingly out of partisan loyalty. Given the politics of the court at that time, and the public’s perception of our overly politicized voting tendencies, Larry’s decision to change his vote was as important as anything that I have seen during my 42 years on the court. He opted in favor of institutional integrity over personal ideology and political expediency. And the result in Bartlett helped to curb judicial tendencies that might have proven disastrous in the long run. It also helped to set the stage for our court to be recognized as a model of collegiality in judicial decision making. During my term as Chief Judge, Larry also used his influence with our colleagues to help ensure that ideological differences would not be significant in judicial interactions. His efforts paid huge dividends. And, as the members of the court were coming together, he graciously opened his home at the end of several terms to host festive dinner parties for the judges and our spouses or mates, during which we shared raucous tales about one another and laughed about the trying moments of the year that had just ended. I will always be grateful to him for doing so much to promote collegiality on our court.

I extend my deepest condolences to Larry’s widow, Patricia Winn Silberman, and the other members of their family. It was a great privilege for us when Trish and Larry asked me to officiate and Pamela to witness their marriage in their home in 2008. We had many joyous times with Larry and his first wife, Ricky, before her untimely passing. We feel doubly grateful that we were able to share many good times with Larry and Trish over the past fifteen years. Larry left an indelible impression on all with whom he worked. I am sure that he would be happy to know that he will not be forgotten any time soon


Statement of Judge Douglas H. Ginsburg:

My colleague and dear friend Larry Silberman was the model of a principled judge, an example and an inspiration. I first met Larry in the latter 1970s, when he was EVP of the Crocker National Bank and I was teaching a course on the regulation of financial institutions. He was generous in sharing his practical insights, informed by his experience not only at the bank but also in the Executive Branch of the federal government.

Our paths did not cross again until I joined the court in 1986, one year after Larry had done so. For the ensuing 36 years, we had a continuous dialogue – about cases we heard together, about other cases in this court, and about cases in the Supreme Court. Underlying it all, were Larry’s views about the constrained role of the judiciary.

Larry would occasionally organize lunch for us and our clerks, where we carried on the dialogue. In all of this, Larry was a teacher and not surprisingly, Larry taught law for more than 20 years while on the bench. He was a natural teacher as well as an exemplary judge. Like Chaucer’s Clerk from Oxenford, “Filled with moral virtue was his speech, and gladly would he learn and gladly teach.”

Over these many years, Larry and Trish became good friends of my wife and me. His passing leaves a big hole in our hearts.


Statement of Judge David B. Sentelle:

Judge Silberman’s passing will be noted as a sad day in our Court history. But it is a joyous day nonetheless because it requires us to remember that he lived such a long and productive life. He was a public servant of great and varied talent, something of a renaissance man of the law who could touch many bases with expertise. He was a leader and a mentor and will be sorely missed.


Statement of Judge Judith W. Rogers:

Larry Silberman was a dominant voice on the Court and in other phases of his distinguished legal career for his understanding of the proper role of federal judges under the Constitution. He will be greatly missed on the Court. His brilliant and piercing legal mind is evident in his judicial opinions and in questions he posed during oral argument, oft times with wry humor. He expressed a sophisticated understanding of the strengths and weaknesses of various jurisprudential approaches and forced more rigorous legal analysis by those who adopted different views. I will treasure my experience as his colleague, including his many kindnesses over the years.


Statement of Judge David S. Tatel:

Larry Silberman was one of our nation’s finest judges. He was deeply principled, delightfully contentious, and a worthy colleague with whom to argue about facts and the law. I will miss him.