Frederick Bernays Wiener

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BornJune 1, 1906
New York, New York
DiedOctober 1, 1996(1996-10-01) (aged 90)
Phoenix, Arizona
OccupationAppellate Lawyer
CitizenshipUnited States
Frederick Bernays Wiener
BornJune 1, 1906
New York, New York
DiedOctober 1, 1996(1996-10-01) (aged 90)
Phoenix, Arizona
OccupationAppellate Lawyer
CitizenshipUnited States
EducationPh.B., LL.B.
Alma materBrown University, Harvard Law School
Period1940-1978
SubjectMilitary justice, appellate practice
SpouseEsther Helen Green (1933-1948), Doris Merchant (1949–1996)
RelativesSigmund 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]

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