Gurfein was nominated by President Nixon on July 11, 1974, to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge Paul R. Hays. He was confirmed by the United States Senate on August 22, 1974, and received his commission on August 27, 1974, from President Gerald Ford. His service was terminated on December 16, 1979, due to death.[7]
Pentagon Papers case
During his first week as a United States District Judge, Gurfein was assigned the Pentagon Papers case and gained national prominence when he refused the government's motion to enjoin publication of the documents.[10] Gurfein's ruling was initially reversed by the Court of Appeals, but ultimately reinstated by the Supreme Court. Gurfein wrote: "The security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, an ubiquitous press must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know."[11]
Personal life
In 1931, he married Eva Hadas. The couple had two daughters: Abigail and Susan Hadas.
Gurfein died in New York City on December 16, 1979.[12]