In September 2005, Fried testified before the
Senate Judiciary Committee in support of the nomination of
John Roberts to become
Chief Justice of the United States. After the nomination of
Samuel Alito to the U.S. Supreme Court, Fried praised Alito as an outstanding judge but dismissed claims that Alito is radical, saying, "He is conservative, yes, but he is not radically conservative like
Scalia." Fried testified before the Senate Judiciary Committee and wrote a
New York Times op-ed in support of Alito, who had served under him in the Solicitor General's office. As president of the
Harvard Law Review in 1990, Obama had published an article Fried wrote criticizing the effects of race-based
affirmative action. Fried later told
The Wall Street Journal: I admire Senator McCain and was glad to help in his campaign, and to be listed as doing so; but when I concluded that I must vote for Obama for the reason stated in my letter, I felt it wrong to appear to be recommending to others a vote that I was not prepared to cast myself. So it was more of an erasure than a public affirmation—although obviously my vote meant that I thought that Obama was preferable to McCain–Palin. I do not consider abstention a proper option. When asked by
Illinois Senator
Richard Durbin to respond to critics of the law's
individual mandate who ask: "[I]f the government can require me to buy health insurance, can it require me to have a membership in a gym, or eat vegetables?," Fried replied: Yes. We hear that quite a lot. It was put by Judge Vinson, and I think it was put by Professor Barnett
in terms of eating your vegetables, and for reasons I set out in my testimony, that would be a violation of the
5th and the
14th Amendment, to force you to eat something. But to force you to pay for something? I don't see why not. It may not be a good idea, but I don't see why it's unconstitutional. Fried was an adviser to the Harvard chapter of the
Federalist Society. Having supported
Jon Huntsman for the Republican nomination in 2012 and
John Kasich for the Republican nomination in 2016, Fried opposed the election of
Donald Trump and voted for
Hillary Clinton. He endorsed
Joe Biden's presidential candidacy in 2020. While working for the Reagan administration Fried argued that the case
Roe v. Wade should be overturned in
Webster v. Reproductive Health Services. In an op-ed for
The New York Times in 2021, Fried said that
Roe should not be overturned, believing that 1992 case
Planned Parenthood v. Casey put
Roe on firmer constitutional grounds. ==Personal life==