A. Leon Higgenbotham, Jr., for 16 years chief justice of the US 3^rd Circuit Court of Appeals and later professor at Harvard University, died Dec. 14. Judge Higginbotham was recipient of the Presidential Medal of Freedom, the nation's highest civilian honor. Known for his championship of broad constitutional protections of individual rights and personal liberties, in the manner of his role model, the late Supreme Court Justice Thurgood Marshall, over the last few years he expressed increasing alarm at what he viewed as the erosion of hard-won progress on racial issues in the law. Charles J. Ogletree Jr., professor at Harvard Law School where he is director of the Criminal Justice Institute and serves as faculty director of Harvard's Clinical Program, spoke at Judge Higgenbotham's memorial service. The following is a slightly abridged version of his eulogy.

It is impossible to capture in so few words and precious little time, the enormous impact that Judge Higginbotham has left on me and countless others. It is important to note, as the Bible tells us, that like Paul, "He has fought the good fight, he has finished the course, and he has kept the faith." The fight that Judge Higginbotham has been involved in was a life-long struggle for justice at all stages of our society, in particularly for those he cared about the most, who were in greatest need of his many talents: minorities, the weak, the poor, the downtrodden, and the powerless.

He has kept the faith. His contributions to this world are so enormous that they are impossible to categorize. Even in this hour as we mourn his loss, he still sends us a message that is uplifting and empowering. I received a fax from him from heaven this morning and he asked that I share it with you:

"Dear Brother Ogletree, I am so pleased that so many of my dear friends have gathered here today at this service. I am deeply moved by this tribute, but also want to briefly share with them some of my thoughts and express my gratitude for their efforts to enrich my life.

"I know I digress here, but I thought I should tell you something about this place called heaven. It is more than I ever imagined. When I first arrived, I was so pleased to meet God. She is such a beautiful black woman, and has a commanding presence.

"I went to a wonderful debate this past weekend. Thurgood Marshall and Martin Luther King, Jr. were debating who made the most significant contribution to the Civil Rights Movement. Thurgood was incredible with his usual eloquence and command of the law. Martin was quite powerful in his oratory and philosophical view about morality and its relationship to law. I did get a chance to make a brief statement, and tell them they were equally responsible for the great accomplishments in our society.

"It's moments like this, with Thurgood and Martin, that make my stay here so pleasant. I don't want people to mourn my death, or to be saddened by my flesh leaving this life. I am having a great time, working real hard, and meeting a lot of old friends. Coincidentally, there are a number of people who are not here, and quite frankly, I was pleased to see that. Have to get back to work soon, but I simply wanted to say hello to everyone, and let you know that I am fine. Your tolerance of my visions and romantic notions of the world of equal justice under the law, are much appreciated. I also have a note for my students, present and past. For present students, I don't want you to be sad today. In fact, you should be grateful that the exam that I planned to give has been delayed. But I have a deeper message for all of you. You should have a genuine love for the law, and be prepared to use it ensure justice, home and abroad. You should continue the work that we all started collectively, and in your own way, help someone else take steps forward and beyond where they may now be. Forever keep your dreams alive, and never forget from whence you came.

"Well, I'm being summoned back to a meeting. It appears that Thurgood and Martin are not happy with the way I am using my space, and want us to have a meeting. My Dear Friends, I'm gone for now, but I will be with you forever. Keep the dream of freedom alive. Leon"

Judge Higginbotham, thank you for your words. You have been like a father to me and so many others. Your generosity, your hearty laughter, your spirit, your booming voice, your high and shrill laughter, your sober reflection, and most importantly, your principled stand on the important issues of the day, have left an indelible mark on me and my soul.

I also know that you were way ahead of the game when you spoke loudly and forcefully against apartheid in South Africa, and no one was happier than you when Nelson Mandela was finally freed and became the first Black African President of South Africa. You are the Son of America but, like Nelson Mandela, the Father of a Nation. I want to thank you as well for your powerful and everlasting contributions to our struggle for Civil Rights and Equal Justice Under the Law. From the time that you challenged those who questioned your neutrality as a judge simply because you are black and presiding over civil rights cases to your more recent, thorough, compelling, and principled criticisms of our highest court, you have always set an example of unwavering commitment. I also want to thank you for the fact that, although you would be well justified, you have expressed no anger or resentment towards your friends and colleagues, of the bench and the bar, who failed to see why you felt so deeply about these issues and carried them forward in a way that was unprecedented. From your open letter, to your law review articles, to the well-documented presentations that you made throughout the country, you never wavered, despite objections, criticisms, duplicitous responses, and some hypocrisy from those whom you loved and admired. You always stood strong and tall. Finally, I want to thank you for going--even in your last days--to Washington, as our nation was torn asunder on the issue of whether President Clinton should be impeached, and to be a towering giant there with the voice of reason and sober reflection on the hypocrisy of the partisan pursuit of impeachment. The nation was able to see you not only explain how inappropriate impeachment would be, but also to hear you respond to shallow and short-sighted efforts by those in Congress who try to define who are the real people.

Now you are at rest. Now you are at peace. Now you are in a place where you can concentrate on your work without distraction or interruption. Now you have received the ultimate honor of going into those gates, and working for a different cause with your same energy, commitment, conviction, enthusiasm, and sense of humor. Even as you have ascended to the greatest heights imaginable you are once again, as you have done on so many occasions, sending the ladder back down to us so that we too can climb higher and be stronger in this life. I stand here today, with those who love and cherish you, letting you know that we will continue your work and mission with dedication and resolve for the rest of our lives. And finally I think it only appropriate that you know the deepness of our love if you allow us this one time to stand and give you ovation for making our lives so much better. God speed to you my dear friend.