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Keyword: laurencetribe

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  • The Supreme Court’s Coming Paralysis

    07/24/2014 4:00:50 AM PDT · by 2ndDivisionVet · 41 replies
    The Daily Beast ^ | July 22, 2014 | Jeff Greenfield
    Why there’s really no chance President Obama will be able to appoint another Justice to the bench, regardless of what happens in November. It’s a question that’s roiled the liberal universe for years: Why won’t 81-year-old Supreme Court Justice Ruth Bader Ginsburg resign from the Supreme Court and give President Obama the chance to pick her successor, in case the Senate turns Republican after the mid-terms? Harvard Law Professor Laurence Tribe, one of the left’s jurisprudential heroes, had a ready answer to that question when it was posed to him at the University of California Santa Barbara late last month....
  • Obama’s Law Professor: ‘I Wouldn’t Bet’ on Obamacare Surviving Next Legal Challenge

    07/11/2014 1:41:49 PM PDT · by afraidfortherepublic · 20 replies
    National Review -- The corner ^ | 7-11-14 | Joel Gehrke
    President Obama’s old Harvard Law professor, Laurence Tribe, said that he “wouldn’t bet the family farm” on Obamacare’s surviving the legal challenges to an IRS rule about who is eligible for subsidies that are currently working their way through the federal courts. “I don’t have a crystal ball,” Tribe told the Fiscal Times. “But I wouldn’t bet the family farm on this coming out in a way that preserves Obamacare.” The law’s latest legal problem is that, as written, people who enroll in Obamacare through the federal exchange aren’t eligible for subsidies. The text of the law only provides subsidies...
  • Congress can compel action due to public necessity (Did John Roberts use Laurence Tribe's argument?)

    06/29/2012 7:56:37 AM PDT · by Qbert · 17 replies
    Boston Globe ^ | April 3, 2011 | Laurence Tribe
    THERE’S PLENTY to be said as a policy matter both for and against the Affordable Care Act, but it’s beyond reasonable debate that it complies fully with the Constitution...[Snip]... The one provision whose constitutionality is questioned is the individual mandate...[Snip] That mandate, too, is constitutional. Congress found that the cost of providing uncompensated care to the uninsured totaled $43 billion in 2008, raising annual premiums for the average family by over $1,000. Suppose Congress had required anyone who received medical care at public expense in 2010 to purchase insurance for 2011 or face a modest increase ($750 per year) in...
  • Laurence Tribe: Chief Justice John Roberts’s Ruling Restores Faith in the Court’s Neutrality

    06/29/2012 7:16:49 AM PDT · by SeekAndFind · 20 replies
    Daily Beast ^ | 06/29/2012 | Laurence Tribe
    After Bush v. Gore and Citizens United, many despaired that the Supreme Court would be able to salvage its reputation as a politically neutral arbiter. As the Senate was considering his nomination to become this nation's 17th chief justice, John Roberts—once a star pupil in my constitutional law class—famously compared the role of a judge with that of an umpire, just calling the balls and strikes. In many respects, that analogy is a deeply flawed one. Constitutional rules are not black and white; there are many shades of grey in between, and it’s up to our highest court both to...
  • Laurence Tribe: I think my former student, John Roberts, will vote to uphold ObamaCare

    06/27/2012 8:28:06 AM PDT · by SeekAndFind · 60 replies
    Hotair ^ | 06/27/2012 | AllahPundit
    Via the Examiner, I've been looking for tea leaves for you all day but this, unfortunately, is the best I can do. I don't even regard it as tea leaves: I think Tribe is just pre-spinning the outcome so that, if the mandate is struck down, he can call Roberts a disappointment who betrayed his education in a fit of ideological pique, etc etc etc. But we're starving for insight and this is, in its own lame way, an insight into Roberts' thinking. As is this: Eastman, a critic of the health care law, said he wouldnÂ’t be surprised to...
  • Kagan, Obama, and the Harvard Legacy of Literary Fraud

    05/12/2010 10:40:42 PM PDT · by neverdem · 37 replies · 2,729+ views
    American Thinker ^ | May 13, 2010 | Jack Cashill
    When Barack Obama’s two faculty mentors at Harvard Law got in trouble for plagiarism, they were rescued by Dean Elena Kagan. In 1989, Harvard Law professor Laurence Tribe hired first-year Harvard law student Barack Obama as his research assistant.  After Obama was elected president, Tribe would gush, "His stunning combination of analytical brilliance and personal charisma, openness and maturity, vision and pragmatism, was unmistakable from my very first encounter." Obama had one other prominent mentor among the Harvard faculty, Professor Charles Ogletree, an African American.  In the run-up to the election, Ogletree would enthuse, "I'm so excited about this candidacy...
  • Time For A Constitutional Convention?

    10/06/2011 11:11:12 AM PDT · by Kaslin · 50 replies
    Townhall.com ^ | October 6, 2011 | Ralph Benko
    Last week the unthinkable happened.  While you were distracted by the banal and only marginally important presidential primaries, the lion, Harvard Law School, publicly lay down with the lamb, the Tea Party Patriots.  The long-term political implications are, potentially, far more potent than a mere presidency. The SuperElite and the SuperPopulists convened at Harvard for a “Conference for a Constitutional Convention.”  It was co-hosted by Lawrence Lessig, from Harvard, and by Mark Meckler, co-founder of the 850,000 member Tea Party Patriots. Lessig is a leading figure on the social democratic left, the director of the Edmond J. Safra Center for...
  • The Invisible Tribe

    04/27/2011 9:13:36 AM PDT · by scocha · 2 replies
    libertyunbound.com ^ | April 27, 2011 | S.H.Chambers
    People who say the Constitution is “living” or “invisible” usually don’t like what it says and don’t have the patience or the votes to amend it.
  • Law Law Law Law Law

    02/09/2011 12:47:55 PM PST · by Palmetto Patriot · 31 replies
    The Wall Street Journal ^ | FEBRUARY 8, 2011 | JAMES TARANTO
    Judge Roger Vinson's order last week declaring ObamaCare unconstitutional has prompted a pair of op-eds by professors at elite law schools: Akhil Reed Amar of Yale, in the Los Angeles Times, and Laurence Tribe of Harvard, in the New York Times. Both profs claim ObamaCare is constitutional. We were going to write "argue" rather than "claim," but we think that may be too generous. Neither article is a serious piece of legal analysis, because both professors simply refuse to take seriously the legal arguments on the other side, even after those arguments have been accepted by two federal trial judges....
  • Obama’s law professor: If the Supreme Court strikes down the mandate, they must be biased ...

    02/08/2011 7:44:39 PM PST · by Nachum · 16 replies
    Allahpundit ^ | 2/8/11 | hot air
    One of the most pitiful, relentlessly irritating op-eds about O-Care that I’ve read since our long national nightmare began in summer ’09. To understand what makes it so grating, you need to know that the author, Laurence Tribe, is not only a Harvard Law prof who taught Obama but a bona fide titan of constitutional jurisprudence on the left. He wrote a famous treatise on the subject and was, in his younger days, a perennial candidate for the Supreme Court when Democrats were in the White House. You might also remember him as the guy who sneered, amusingly, in a...
  • Tribe to Obama: Sotomayor Is “Not Nearly As Smart As She Seems To Think She Is”

    10/28/2010 10:34:51 AM PDT · by Nachum · 36 replies
    National Review Online ^ | 10/28/10 | Ed Whelan
    I’ve obtained a copy of an interesting letter that Harvard law professor Larry Tribe wrote to his protégé, President Barack Obama, in the immediate aftermath of Justice Souter’s announcement of his decision to retire from the Court. I will post a PDF of the letter shortly. [Update: Here’s the letter.] In the meantime, I’ll call attention, in this post and two or three others, to some of its highlights. The express purpose of Tribe’s letter is to urge that Obama nominate Elena Kagan to the Souter vacancy. But before making his affirmative case for Kagan, Tribe argues strongly against the...
  • Top liberal law prof advised Obama not to pick ‘bully’ Sonia Sotomayor [calls her Aff Action hire]

    10/28/2010 12:37:22 PM PDT · by RatherBiased.com · 33 replies
    Washington Examiner ^ | Matthew Sheffield
    One wonders how Ed Whelan of the Ethics and Public Policy Center managed to get a hold of a private letter sent to President Obama by Harvard law professor Laurence Tribe advising him against nominating Sonia Sotomayor to the Supreme Court, but be that as it may, its contents are quite interesting and show just how nakedly political Tribe’s view of a justice really is and also how little he thinks of Sotomayor. In the May 2009 letter (PDF link here), Tribe advises Obama to refrain from choosing Sotomayor because “she’s not nearly as smart as she seems to think...
  • Attorney General Eric Holder Speaks at the U.S. Constitution Project Awards Dinner

    04/20/2010 10:54:34 PM PDT · by Cindy · 6 replies · 334+ views
    Note: The following text is a quote: Attorney General Eric Holder Speaks at the U.S. Constitution Project Awards Dinner Washington, D.C. ~ Thursday, April 15, 2010 Thank you, Ginny [Sloan]. It’s good to be with you, and it’s a privilege to join you in celebrating the extraordinary contributions and achievements of tonight’s honorees, George Kendall and Ambassador [Thomas] Pickering. Congratulations to you both. I’m especially grateful for this opportunity to tell the Constitution Project’s leadership and membership how much I appreciate your commitment to the cause of justice, to the promise of equal justice, and to our nation’s most essential...
  • Liberal legal group comes to the fore

    01/05/2009 2:55:48 AM PST · by Tailgunner Joe · 4 replies · 713+ views
    politico.com ^ | 12/29/08 | LISA LERER
    Sixteen appointees and advisers helping president-elect Barack Obama's Justice Department transition efforts all recently sat on the board of an organization little known outside legal circles: The American Constitution Society for Law and Policy. The liberal legal network, which blossomed during eight years of Democratic exile, counts as its veterans Obama’s choice for attorney general, Eric Holder: Vice President-elect Joe Biden's chief of staff, Ron Klain; and future White House Staff Secretary Lisa Brown. Seven other recent board members are advising the incoming administration on legal, education, and labor-related issues. Theresa Wynn Roseborough is rumored to be a top candidate...
  • Blagojevich And The Constitution: The Senate doesn't have to seat Burris

    01/02/2009 8:33:27 PM PST · by bruinbirdman · 23 replies · 1,001+ views
    Forbes ^ | 1/2/2009 | Laurence H. Tribe
    President-elect Barack Obama has urged the Senate to exclude from the seat he once occupied anyone appointed by embattled Illinois Gov. Rod Blagojevich. But if, as some have argued, the Senate is constitutionally bound to seat any qualified person the Illinois governor appoints, then one of the newly elected president's first quasi-official public pronouncements will prove to have subordinated constitutionalism to politics, not an auspicious start for an administration determined to replace the rule of expediency with the rule of law. Happily, the president-elect had his constitutional law right, and the critics who said the Senate would violate the Constitution...
  • Obama Planning U.S. Trials for Guantanamo Detainees (bringing them to the US!)

    11/09/2008 10:23:31 PM PST · by TenthAmendmentChampion · 247 replies · 1,132+ views
    Fox News via AP ^ | Monday, November 10, 2008 | AP unsigned article
    WASHINGTON -- President-elect Barack Obama's advisers are quietly crafting a proposal to ship dozens, if not hundreds, of imprisoned terrorism suspects to the United States to face criminal trials, a plan that would make good on his promise to close the Guantanamo Bay prison but could require creation of a controversial new system of justice. During his campaign, Obama described Guantanamo as a "sad chapter in American history" and has said generally that the U.S. legal system is equipped to handle the detainees. But he has offered few details on what he planned to do once the facility is closed....
  • Obama's Inner Circle

    03/31/2008 3:12:37 PM PDT · by Tailgunner Joe · 11 replies · 863+ views
    nationaljournal.com ^ | March 31, 2008 | James A. Barnes
    By James A. Barnes, National Journal © National Journal Group Inc. Monday, March 31, 2008 If potential presidents can be judged by how they run their campaigns, then how they staff those efforts may provide important clues to the kinds of talent they would recruit for their administrations. Because Democratic front-runner Barack Obama is a relative newcomer to national politics, an examination of his inner circle of political and policy advisers offers new windows into his thinking, leadership style, and sources of expertise. The Democratic front-runner's team has a relatively shallow bench, but its political achievements thus far are quite...
  • Safety in Defenselessness

    03/12/2008 4:27:56 AM PDT · by Kaslin · 28 replies · 765+ views
    Townhall.com ^ | March 12, 2008 | Jacob Sullum
    In a recent Wall Street Journal op-ed piece, Harvard law professor Laurence Tribe urged the U.S. Supreme Court to uphold the District of Columbia's gun restrictions, the subject of a case the court will hear next Tuesday. Conceding that the Second Amendment guarantees an individual right to possess firearms, Tribe said that right does not rule out a decision to ban handguns while allowing "rifles, shotguns and other weapons less likely to augment urban violence." The U.S. Court of Appeals for the D.C. Circuit disagreed, concluding that the district cannot constitutionally ban the type of gun most commonly used for...
  • Lawyers, Guns and Money (Supreme Court May Have To Define Second Amendment)

    07/06/2007 4:34:01 PM PDT · by fight_truth_decay · 409 replies · 4,361+ views
    Harvard Law Bulletin ^ | Summer 2007 | By Elaine McArdle
    This time, the Supreme Court may have to decide what the Second Amendment means. But how much will really change? “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” U.S. Constitution, Amendment II Earlier this year, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit struck down the District of Columbia’s stringent gun-control regulations, ruling squarely that the Second Amendment protects an individual’s right to bear arms. In the cultural and legal battle over gun control, the decision...
  • An About-Face on Guns

    05/10/2007 3:57:38 AM PDT · by rellimpank · 41 replies · 1,724+ views
    American Spectator ^ | 10 may 07 | Christopher Orlet
    On Monday the New York Times uncharacteristically gave front page space to a story about liberal scholars who have -- albeit reluctantly -- come round to the individual rights view of the Second Amendment. Among the most prominent is Harvard Law Professor Laurence Tribe (the man reported to have pushed senators to oppose the Robert Bork nomination) who now teaches that any law-abiding American adult who wants a Colt Diamondback to safeguard his family or go 'coon hunting has the Second Amendment behind him. Eight years ago scholars were predicting that Dr. Tribe's change of heart would "force judges and...
  • LARRY TRIBE GOES NUTS # 2 -- attacks Justice Scalia and FreeRepublic.com

    LARRY TRIBE GOES NUTS # 2 -- attacks Justice Scalia and FreeRepublic.com
  • SCOTUS

    09/29/2005 4:49:22 PM PDT · by HarvardHater · 18 replies · 3,191+ views
    How Appealing ^ | September 18, 2005 | Larry Tribe
    Tribe goes nuts -- violates federal law by "outing" John Roberts as an A minus student!
  • Gentleman of the Court (Laurence Tribe's Rehnquist Eulogy)

    09/06/2005 9:54:02 PM PDT · by neverdem · 5 replies · 562+ views
    NY Times ^ | September 6, 2005 | LAURENCE H. TRIBE
    IN October 1971, the White House tapped Assistant Attorney General William H. Rehnquist to respond to my critique of someone at the top of its short list for one of the two vacancies created by the nearly simultaneous resignations of two justices. I found his tepid apologia underwhelming. Yet within two months, when Mr. Rehnquist took the Supreme Court seat once marked for the target of my critique, I began to see how foolish it would have been to measure him by his defense of a candidate about whom he probably felt lukewarm. While it may be too soon to...
  • Laurence Tribe's Big Surprise

    06/01/2005 1:26:03 PM PDT · by Dan from Michigan · 45 replies · 1,798+ views
    Legal Times ^ | 5-27-05 | Tony Mauro
    Laurence Tribe's Big Surprise Tony Mauro Legal Times 05-27-2005 Ordinarily, the announcement by a law professor that he is not completing the second volume of the third edition of his book would not even merit a yawn. But when that professor is Harvard Law School's liberal lion Laurence Tribe, the book is his famed treatise "American Constitutional Law" and he announces his decision in a letter to a Supreme Court justice, legal academics are left gasping in surprise and reaching deep for the appropriate metaphor. "It's like Michael Jordan leaving basketball at the top of his game," says Ross Davies...
  • Harvard reprimands law professor over book

    04/14/2005 3:49:18 PM PDT · by SmithL · 12 replies · 945+ views
    AP ^ | 4/14/5 | JUSTIN POPE
    BOSTON - Harvard University reproached law professor Laurence H. Tribe for failing to properly credit another author's work in a book published two decades ago. President Lawrence Summers and Law School Dean Elena Kagan said they concluded that Tribe's error was unintentional after they reviewed a report on an investigation by former Harvard President Derek Bok and two other scholars. The panel was appointed last fall after The Weekly Standard magazine pointed out similarities, including one exact 19-word passage, between his 1985 book "God Save This Honorable Court" and a 1974 book "Justices and Presidents" by Henry J. Abraham of...
  • Pew Foundation, Laurence Tribe, and more.

    03/30/2005 2:40:48 PM PST · by swilhelm73 · 6 replies · 576+ views
    Weekly Standard ^ | 3/29/05 | The Scrapbook
    Back in March 2004, former Pew Charitable Trusts program officer Sean Treglia attended a conference at the University of Southern California's Annenberg School for Communication. Treglia must have felt gabby, because he launched into a long, discursive tale of how his former employers at Pew had used tens of millions of dollars to simulate a wave of popular support for campaign finance reform. "I'm going to tell you a story that I've never told any reporter," Treglia crowed. He probably assumed his anecdotes would stay between him and his sympathetic audience. But Treglia was being videotaped, and the videotape fell...
  • How To Be a Hero of Liberty (Laurence Tribe)

    02/25/2005 5:34:05 PM PST · by neverdem · 5 replies · 498+ views
    NRO ^ | February 25, 2005 | Ramesh Ponnuru
    E-mail Author Author Archive Send to a Friend <% printurl = Request.ServerVariables("URL")%> Print Version February 25, 2005, 8:45 a.m. How To Be a Hero of LibertyYou may have to gild the lily . . . EDITOR'S NOTE: This article appears in the March 14, 2005, issue of National Review. When historian Doris Kearns Goodwin was accused of plagiarism, Laurence Tribe rushed to her defense. The Harvard Crimson had published an editorial demanding that Goodwin resign from Harvard's board. Tribe, a professor of constitutional law at Harvard Law School, wrote a letter to the Crimson criticizing its editorial as "utter...
  • Tribe admits not crediting author Harvard scholar publicly apologizes

    09/28/2004 3:18:39 AM PDT · by ninonitti · 13 replies · 975+ views
    Boston Globe ^ | September 28, 2004 | By Marcella Bombardieri, Globe Staff
    Laurence H. Tribe, a leading Constitutional scholar and a high-profile lawyer, has become the second Harvard Law School professor this month to acknowledge that he lifted material from another scholar's works. After a magazine pointed out numerous instances in which his 1985 book "God Save this Honorable Court" echoes an earlier book by another professor, Tribe apologized for an "unacceptable" failure to properly credit the original writer. Tribe's book borrows liberally from "Justices and Presidents," a 1974 work by Henry J. Abraham, now an emeritus professor at the University of Virginia. One 19-word phrase is exactly the same in both...
  • Prof Admits to Misusing Source (Laurence Tribe)

    09/27/2004 4:12:58 PM PDT · by cyncooper · 57 replies · 1,975+ views
    The Harvard Crimson ^ | September 27, 2004 | DANIEL J. HEMEL and LAUREN A.E. SCHUKER
    Harvard constitutional law scholar Laurence H. Tribe ’62 apologized yesterday for not properly crediting another professor’s work in his popular 1985 book God Save This Honorable Court, one day after a conservative political magazine accused him of plagiarism. The Weekly Standard posted an article on its website Saturday charging Tribe with using language that closely mirrors sections of Henry J. Abraham’s 1974 book on Supreme Court appointments, Justices and Presidents. And at one point in his 1985 book, Tribe lifts a 19-word passage verbatim from Abraham’s text. Tribe could not be reached directly for comment yesterday, but issued a statement...
  • The Big Mahatma: Laurence Tribe and the problem of borrowed scholarship

    09/24/2004 2:40:51 PM PDT · by GeneD · 24 replies · 1,610+ views
    The Weekly Standard ^ | From issue of 10/04/2004 | Joseph Bottum
    SUPPOSE you were doing a little research into the history of Supreme Court nominations, and you learned from one book that Grover Cleveland "bested Benjamin Harrison by almost 100,000 votes in the election of 1888, but the vagaries of the electoral college caused him to lose the election" (p. 130). And then, browsing through a later book on the topic, you read that Harrison is remembered for "losing the popular election in 1888 by 100,000 votes and still managing to take the Oval Office from incumbent President Grover Cleveland through the vagaries of the Electoral College" (p. 63). Perhaps you'd...
  • The Ninth Circuit Got It Right

    09/18/2003 3:11:59 PM PDT · by Atlas Sneezed · 82 replies · 240+ views
    The Wall Street Journal ^ | September 18, 2003 | LAURENCE H. TRIBE
    <p>It's wrong to hold an election if some voters will be disfranchised.</p> <p>There is palpable hypocrisy in the complaints one hears about the Ninth Circuit Court of Appeals' decision in the California gubernatorial recall. People moaned and groaned about a hanging chad here and a dimpled chad there in Florida in the election of 2000 and succeeded in getting the federal judiciary to throw away thousands of ballots still uncounted as of an arbitrary date (Dec. 12, 2000). Their complaint was with the randomly distributed risk that similar-looking ballots would be read differently at different times or places given that Florida law refused to impose any uniform and objective formula for translating ambiguously punched ballots into definite votes.</p>
  • Bush top gun vs. S.F. activist: Solicitor general asks high court to toss anti-Nike suit

    04/23/2003 10:05:02 PM PDT · by I_Love_My_Husband · 1 replies · 214+ views
    San Francisco Chronicle ^ | 4/23/03 | Zachary Coile
    <p>Washington -- The Bush administration's top Supreme Court lawyer urged the high court Wednesday to toss out a San Francisco consumer activist's suit against Nike Inc. because it could discourage corporations from defending themselves in public against their critics.</p> <p>Solicitor General Theodore Olson argued Wednesday that the court must quash the lawsuit or citizens seeking to "advance their own agendas" would repeatedly haul corporations into court to challenge their views.</p>
  • "Is a Chimp a 'Person' With a Legal Right to a Lawyer in Court?"

    08/24/2002 10:43:32 AM PDT · by Fithal the Wise · 14 replies · 176+ views
    Jerry was a man - are they? The headline arrested the eye: "Is a Chimp a 'Person' With a Legal Right to a Lawyer in Court?" And the mind went immediately to Robert Heinlein's 1947 short story, "Jerry Was a Man." But before getting into all that, some context. Periodically, stories pop up about the fate of smart animals, often those used in entertainment and research. Porpoises can be released back into the sea. But what about parrots past their prime or those whose owners have died or lost interest in them? And what about gorillas and chimpanzees? For years...