Laurence Tribe

In a speech on climate change delivered during her visit to China last month, Harvard President Drew Faust described the problem as “a struggle, not with nature, but with ourselves.” During Climate Week April 6-10, Harvard will take a long look at the ongoing struggle to find man-made solutions to this man-made problem...At Harvard Law School, faculty members are debating President Barack Obama’s proposed power plant rules, which aim to reduce greatly the carbon dioxide emissions from existing facilities. Two of the nation’s top environmental lawyers, Jody Freeman, the Archibald Cox Professor of Law and director of the School’s Environmental Law Program, and Richard Lazarus, the Howard and Katherine Aibel Professor of Law, have posted online rebuttals to constitutional scholar and Carl M. Loeb University Professor Laurence Tribe’s contention that the proposed rules are unconstitutional.

Liberal Harvard professor Laurence Tribe doesn’t think of himself as aligned with Senate leader Mitch McConnell, but the two men agree that the regulations proposed by the EPA to control greenhouse gases emitted by coal-fired plants is an abuse of executive power. Both are tossing hand grenades into President Obama’s efforts to tackle climate change, and although they’ve never talked and don’t know each other, they are a formidable team. Tribe mentored the young Obama and taught him constitutional law at Harvard, so it was a shock to hear him testify last month at a hearing of the House Energy and Power committee that Obama’s plan to gradually reduce pollution from coal-burning plants was the equivalent of “burning the Constitution.” In the same hearing, Tribe tried to distance himself from McConnell, calling the GOP leader’s “just say no” strategy on climate change “reckless” and “irresponsible.” In a lengthy email, Tribe says he had misgivings about the EPA regs when he first became aware of them late last year.

A letter by Laurence Tribe. To read Richard L. Revesz’s Op-Ed article attacking as “far-fetched” the arguments I made against the Environmental Protection Agency’s climate plan in a recent congressional hearing (“An Obama Friend Turns Foe on Coal,” March 26), one would never know that Mr. Revesz also testified at that hearing, making the identical attacks, which I refuted in detail. I strongly disagree with the way he portrays my arguments...To say my arguments would imperil the Clean Air Act’s centerpiece is absurd. The E.P.A. is defying the rule of law, and allowing its gambit here would allow agencies to rewrite the United States Code at their pleasure.

Presidential candidate Ted Cruz loved to argue as a Harvard student and boasted he'd get the best grades in his class, only to lose out to two other classmates. In a series of exclusive interviews with Metro, several of his former classmates painted a complex portrait of the Tea Party's most beloved presidential candidate. Laurence Tribe, a longtime Harvard law professor, said Cruz took his constitutional law class, challenged his teacher in interesting and "invariably right-leaning" ways at every turn...Renowned legal scholar Alan Dershowitz recalled Cruz was "not a very smiley guy," and he thought would become an "extraordinarily able appellate lawyer."...Another longtime Harvard law professor Charles Fried said he worked with Cruz when the latter was the editor of the Harvard Law Review. "I have a vivid recollection of a very smart, very disciplined man," he said. "I've been reading all these sharp elbow stories but I didn't see that. He was, I would say, correct. Respectful and correct."

Climate-change activists and advocates seldom have trouble finding villains. But recently, they've found a new one in a strange place: famed legal scholar and Obama mentor Laurence Tribe, in his office at Harvard Law School. Tribe has been the highest-profile legal scholar to criticize the Obama administration's rules for carbon-dioxide emissions from coal plants, which were formally proposed in June 2014. (He's one of the few law professors who is frequently and plausibly referred to as an "icon.") In a formal comment submitted to the EPA, a Wall Street Journal column, a House energy committee hearing last week, and other venues, Tribe has argued against the rule, suggesting both that it runs contrary to the relevant statute and that it violates the Fifth and Tenth Amendments to the Constitution. ... And Tribe's opponents also bring significant legal firepower to the discussion. One opponent is Richard Revesz, dean emeritus of New York University Law School, who testified in favor of the rule in last week's House hearing and wrote a New York Times op-ed Thursday disagreeing with Tribe. Two others are Richard Lazarus and Jody Freeman, colleagues of Tribe's at Harvard Law.

Laurence H. Tribe, the liberal icon and legal scholar, has grabbed headlines in recent weeks for publicly attacking President Obama’s signature climate change initiative — the Clean Power Plan — which would regulate carbon emissions from power plants. He was retained as an independent expert by Peabody Energy, the world’s largest private-sector coal company, and is representing it in a lawsuit that seeks to invalidate the plan...In the estimation of his Harvard Law School colleagues Jody Freeman and Richard Lazarus, “Were Professor Tribe’s name not attached to” these arguments, “no one would take them seriously.” But even if his claims don’t help Peabody in federal court, they are undoubtedly useful in the court of public opinion, where sentiment can be swayed by legal arguments, however weak, from a scholar of Professor Tribe’s reputation.

At Harvard Law School, contentious legal debates are commonplace. Whether in a classroom, over lunch, or in the pages of one of the school’s many legal journals, professors and students respond to, critique, and question one another’s views. But notably, over the past week, University professor Laurence H. Tribe ’62 and Law School professors Richard J. Lazarus and Jody Freeman, in what Tribe described as an “uncommon event in Harvard Law School’s history,” took the discussion to the Harvard Law Today website. The exchange began after Tribe testified before the U.S. House of Representatives Subcommittee on Energy and Power on the Environmental Protection Agency’s “Clean Power Plan.”

Liberals used to love the First Amendment. But that was in an era when courts used it mostly to protect powerless people like civil rights activists and war protesters. These days, a provocative new study says, there has been a “corporate takeover of the First Amendment.” The assertion is backed by data, and it comes from an unlikely source: John C. Coates IV, who teaches business law at Harvard and used to be a partner at Wachtell, Lipton, Rosen & Katz, the prominent corporate law firm. “Corporations have begun to displace individuals as the direct beneficiaries of the First Amendment,” Professor Coates wrote. The trend, he added, is “recent but accelerating.” Professor Coates’s study was only partly concerned with the Supreme Court’s recent decisions amplifying the role of money in politics. “It’s not just Citizens United,” he said in an interview, referring to the 2010 decision that allowed unlimited independent spending by corporations in elections. His study, he said, analyzed First Amendment challenges from businesses to an array of economic regulations...In a recent essay, Laurence H. Tribe, a law professor at Harvard, offered a cautious partial defense of the Citizens United decision. But he said it was an instance of a larger phenomenon. “It is part of a trend in First Amendment law that is transforming that body of doctrine into a charter of largely untrammeled libertarianism,” he wrote, “in which the regulation of virtually all forms of speech and all kinds of speakers is treated with the same heavy dose of judicial skepticism, with exceptions perversely calculated to expose particularly vulnerable and valuable sorts of expression to unconvincingly justified suppression.”

Senate Majority Leader Mitch McConnell is attaching himself to an unlikely bedfellow in his growing efforts to take down President Barack Obama’s climate plan. Liberal legal lion Laurence Tribe, a Harvard law professor who taught constitutional law to President Barack Obama, is the new GOP darling in the fight against the Environmental Protection Agency’s upcoming climate regulations for power plants. Tribe handed Republicans a ready-made talking point during a House hearing this week, when he accused his former student of “burning the Constitution” in the effort to combat global warming. And two days later, McConnell pointed to Tribe in a letter Thursday to the governors of all 50 states, urging them to refuse to comply with EPA’s climate rules.

Earlier this week, Harvard law professor Laurence Tribe testified before Congress on the legality of the Environmental Protection Agency’s plans to regulate greenhouse gas emissions from coal-fired power plants under Section 111 of the Clean Air Act. Tribe’s testimony garnered attention because he challenged the lawfulness of EPA plans and raised several constitutional concerns...Tribe’s criticisms of the EPA attracted attention not just because he is a prominent liberal law professor, but also because he briefly worked in the Obama Administration (though not on environmental matters) and was one of the president’s professors (and has sometimes been described as a “mentor”). Tribe’s testimony, and his suggestion that the EPA’s climate plans involved “burning the Constitution,” also prompted some pushback. Most notably, two of his colleagues at Harvard Law School — Richard Lazarus and Jody Freeman — penned a response on the HLS Web site, challenging Tribe’s legal and constitutional analysis, with an emphasis on the latter. Tribe, in turn, wrote a lengthy rejoinder, also on the HLS Web site. This back and forth is a preview of the legal battle that awaits the EPA’s Clean Power Plan.

Senator Mitch McConnell of Kentucky has begun an aggressive campaign to block President Obama’s climate change agenda in statehouses and courtrooms across the country, arenas far beyond Mr. McConnell’s official reach and authority. The campaign of Mr. McConnell, the Senate majority leader, is aimed at stopping a set of Environmental Protection Agency regulations requiring states to reduce carbon pollution from coal-fired power plants, the nation’s largest source of greenhouse gas emissions...To make his case, Mr. McConnell is also relying on a network of powerful allies with national influence and roots in Kentucky or the coal industry. Within that network is Laurence H. Tribe, a highly regarded scholar of constitutional law at Harvard Law School and a former mentor of Mr. Obama’s. Mr. Tribe caught Mr. McConnell’s attention last winter when he was retained to write a legal brief for Peabody Energy, the nation’s largest coal producer, in a lawsuit against the climate rules. n the brief, Mr. Tribe argued that Mr. Obama’s use of the existing Clean Air Act to put forth the climate change regulations was unconstitutional.

The Environmental Protection Agency’s (EPA) intent to use the Clean Power Plan to regulate carbon dioxide emissions is unconstitutional, says Laurence Tribe, professor of constitutional law at Harvard University. Tribe recently filed comments with the EPA saying that the Clean Power Plan is “a remarkable example of executive overreach and an administrative agency’s assertion of power beyond its statutory authority.”

As President Obama forges ahead in his fight against climate change, a leading Harvard Law School scholar says a central piece of the president’s strategy is akin to “burning the Constitution” merely to advance an environmental agenda. In testimony before the House Energy and Commerce Committee on Tuesday, Harvard constitutional law professor Laurence H. Tribe said the Environmental Protection Agency’s plan to limit greenhouse gas emissions from U.S. power plants is built on a shaky legal foundation. The proposal, Mr. Tribe argues, far exceeds EPA’s authority under federal law and strikes a blow to the 10th Amendment by essentially making states subservient to Washington on energy and environmental matters.