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Laurence Tribe
Larry Tribe in 2019.png
Tribe in 2019
Born
Laurence Henry Tribe

(1941-10-10) October 10, 1941 (age 83)
Education Harvard University (BA, JD)
Awards American Philosophical Society’s Henry M. Phillips Prize in Jurisprudence (2013)
Scientific career
Notable students Barack Obama
Ted Cruz
John Roberts
Elena Kagan
Merrick Garland
Kathleen Sullivan
Jamie Raskin
Adam Schiff
Kenneth Chesebro
Influences

Laurence Henry Tribe (born October 10, 1941) is an American legal expert. He is famous for his work on United States constitutional law, which is about the rules and principles that govern the U.S. government and protect people's rights. Tribe taught at Harvard Law School from 1968 until he retired in 2020. He is now a special professor emeritus there.

Tribe helped start the American Constitution Society, a group that supports progressive legal ideas. He also wrote American Constitutional Law (1978), a very important book in his field. He has argued cases before the United States Supreme Court 36 times. In 2010, he was chosen to be a member of the American Philosophical Society, a group that promotes useful knowledge.

Early Life and School Years

Laurence Tribe was born in 1941 in Shanghai, China. At that time, Shanghai was under Japanese control. His family was Jewish, and his parents came from Eastern Europe. Tribe spent his first six years in Shanghai before his family moved to the United States. They settled in San Francisco, where he went to Abraham Lincoln High School.

After finishing high school in 1958 at age 16, Tribe went to Harvard University. He studied mathematics and was part of the Harvard Debate Team that won a national competition in 1961. He earned his first degree from Harvard in 1962 with very high honors.

Tribe then started a PhD in mathematics but decided to switch to law. He attended Harvard Law School and was part of the Harvard Legal Aid Bureau, which helps people with legal problems. He graduated from law school in 1966 with high honors.

In 2013, Columbia University gave him an honorary Doctor of Letters degree.

His Career as a Lawyer and Teacher

After law school, Tribe worked for two important judges. First, he was a law clerk (a legal assistant) for Justice Mathew Tobriner in California from 1966 to 1967. Then, he worked for Justice Potter Stewart at the U.S. Supreme Court from 1967 to 1968. After that, he joined the Harvard Law School as a professor in 1968.

Many of Tribe's students and research assistants at Harvard became very famous. These include former President Barack Obama, Chief Justice John Roberts, Senator Ted Cruz, and Supreme Court Justice Elena Kagan. Other notable students include U.S. Representatives Adam Schiff and Jamie Raskin, who were both lead managers for the impeachment of Donald Trump.

In 1978, Tribe published his major book, American Constitutional Law. This book is still a key text for people studying constitutional law.

Tribe has argued many important cases. In 1982, he represented a restaurant called Grendel's Den. The case was about a Massachusetts law that let religious groups stop alcohol sales nearby. The Supreme Court agreed with Tribe, saying the law violated the separation of church and state.

In 1985, Tribe represented the National Gay Task Force. They challenged an Oklahoma law that would have allowed schools to fire teachers who were gay or supported gay rights. The Supreme Court's decision meant the law was struck down, protecting teachers' First Amendment rights.

Larry Tribe Testifying
Tribe testifying in 1987

Tribe also wrote a legal brief for the Lawrence v. Texas case in 2003. This case led the Supreme Court to overturn an older ruling that allowed states to ban certain private acts between consenting adults.

In 1987, Tribe spoke during the Senate hearings for Robert Bork's Supreme Court nomination. Tribe argued that Bork's views on rights were too limiting. His involvement made him well-known outside of legal circles.

In 2000, Tribe was part of Al Gore's legal team during the very close 2000 United States presidential election. He argued a case in federal court about the vote recounts in Florida. Later, the Supreme Court decided to stop the recounts, and George W. Bush became president.

Since the mid-1990s, Tribe has also represented large companies. For example, he represented General Electric in a case about environmental cleanup costs. He also represented Peabody Energy in a case against the Environmental Protection Agency (EPA). Tribe argued that the EPA's plan to reduce pollution was unconstitutional. Other legal experts have disagreed with his arguments in these cases.

In 2020, Tribe was named a member of the "Real Facebook Oversight Board," a group that watches over Facebook.

Involvement in Politics

Tribe is a co-founder of the American Constitution Society. This group was created to offer a different view from the more conservative Federalist Society. Tribe also supports animal rights.

He advised Barack Obama's 2008 presidential campaign. In 2010, he worked for the United States Department of Justice as a "Senior Counselor for Access to Justice" but left after eight months due to health reasons.

In 2016, Tribe helped create The Electors Trust. This group offered free legal advice to members of the United States Electoral College who were thinking about voting against Donald Trump in the 2016 United States presidential election.

After James Comey was fired in 2017, Tribe suggested that Congress should investigate President Trump for obstruction of justice. Tribe believed Trump's actions could be considered "high crimes and misdemeanors," which are reasons for impeachment.

Tribe is also on the board of the Renew Democracy Initiative. This group works to support and protect liberal democracy in the U.S. and other countries.

In 2004, Tribe admitted that he had used some phrases and a sentence from another author's book without proper credit in his 1985 book, God Save this Honorable Court. Harvard investigated and said it was "a significant lapse in proper academic practice," but they concluded he did not mean to plagiarize.

Tribe has faced some criticism for promoting certain ideas about Donald Trump. Some people, like political scientist Brendan Nyhan, have said Tribe shared "misinformation and conspiracy theories" on Twitter. Tribe has removed some of these posts and disagrees with how the situation has been described.

In 2023, The New York Times reported that Kenneth Chesebro, who was involved in a plan to use false electors in the 2020 United States presidential election, referred to comments by Tribe. Tribe stated that Chesebro's use of his comments was a "gross misrepresentation" and "taken out of context."

Also in 2023, Tribe and other legal experts argued that former President Donald Trump might be barred from running for president again. They based this on a part of the 14th Amendment related to his alleged support for the January 6 United States Capitol attack.

Cases Argued in Court

Here are some of the cases Tribe has argued in the Supreme Court:

Case Citation Year
Richmond Newspapers v. Virginia 448 U.S. 555 1980
Heffron v. International Society for Krishna Consciousness 452 U.S. 640 1981
Crawford v. Board of Education 458 U.S. 527 1982
Larkin v. Grendel’s Den, Inc. 459 U.S. 116 1982
White v. Massachusetts Council 460 U.S. 204 1983
Pacific Gas & Electric v. California 461 U.S. 190 1983
Hawaii Housing Auth. v. Midkiff 467 U.S. 229 1984
Northeast Bancorp v. Fed. Reserve 472 U.S. 159 1985
National Gay Task Force v. Board of Education 470 U.S. 159 1985
Fisher v. City of Berkeley 475 U.S. 260 1986
Bowers v. Hardwick 478 U.S. 186 1986
Pennzoil v. Texaco 481 U.S. 1 1986
Schweiker v. Chilicky 487 U.S. 412 1988
Granfinanciera v. Nordberg 492 U.S. 33 1989
Sable Communications v. FCC 492 U.S. 115 1989
Adams Fruit v. Barrett 494 U.S. 638 1990
Rust v. Sullivan 500 U.S. 173 1991
Cipollone v. Liggett 505 U.S. 504 1992
TXO v. Alliance Resources 509 U.S. 443 1993
Honda Motor Co. v. Oberg 512 U.S. 415 1994
U.S. v. Chesapeake & Potomac Telephone 516 U.S. 415 1996
Timmons v. Twin Cities Area New Party 520 U.S. 351 1997
Vacco v. Quill 521 U.S. 793 1997
Amchem Products v. Windsor 521 U.S. 591 1997
Baker v. General Motors 522 U.S. 222 1998
AT&T v. Iowa Utilities Board 525 U.S. 366 1999
Ortiz v. Fibreboard 527 U.S. 815 1999
Bush v. Palm Beach County Canvassing Board 531 U.S. 70 2000
New York Times Co. v. Tasini 533 U.S. 438 2001
U.S. v. United Foods 533 U.S. 405 2001
FCC v. NextWave 537 U.S. 293 2002
State Farm v. Campbell 538 U.S. 408 2003
Nike v. Kasky 539 U.S. 654 2003
Johanns v. Livestock Marketing Association 544 U.S. 550 2005

Tribe has also argued 26 cases in the U.S. Circuit Courts of Appeals, which are federal courts below the Supreme Court:

Case Citation Circuit Year
Worldwide Church of God v. California 623 F.2d 613 9th 1980
Grendel's Den v. Goodwin 662 F.2d 102 1st 1981
Pacific Legal Foundation v. State Energy Resources 659 F.2d 903 9th 1981
United States v. Sun Myung Moon 718 F.2d 1210 2nd 1983
Romany v. Colegio de Abogados 742 F.2d 32 1st 1984
Westmoreland v. CBS 752 F.2d 16 2nd 1984
Colombrito v. Kelly 764 F.2d 122 2nd 1985
Texaco v. Pennzoil 784 F.2d 1133 2nd 1986
U.S. v. Bank of New England 821 F.2d 844 1st 1987
U.S. v. Gallo 859 F.2d 1078 2nd 1988
U.S. v. GAF Corporation 884 F.2d 670 2nd 1989
U.S. v. Western Electric Company 900 F.2d 283 D.C. 1999
Fineman v. Armstrong World Industries 980 F.2d 171 D.C. 1992
U.S. v. Western Electric Company 993 F.2d 1572 D.C. 1993
Lightning Lube v. Witco Corporation 4 F.3d 1153 3rd 1993
Hopkins v. Dow Corning Corporation 33 F.3d 1116 9th 1994
Chesapeake and Potomac Telephone v. U.S. 42 F.3d 181 4th 1994
Georgine v. Amchem Products, Inc. 83 F.3d 610 3rd 1996
BellSouth Corp. v. F.C.C. 144 F.3d 58 D.C. 1998
SBC Communications v. F.C.C. 154 F.3d 226 5th 1998
City of Dallas v. F.C.C. F.3d 341 5th 1999
U.S. West v. Tristani  (90.5 KB) 10th 1999
U.S. West v. F.C.C.  (220 KB) 10th 1999
Southwest Voter Registration v. Shelley  (23.0 KB) 9th 2003
Pacific Gas and Elec. v. California  (144 KB) 9th 2003
General Electric v. E.P.A.  (49.8 KB) D.C. 2004

Books by Laurence Tribe

  • Technology: Processes of Assessment and Choice (1969)
  • Environmental Protection (1971; with Louis Jaffe)
  • Channeling Technology Through Law (1973)
  • The American Presidency: Its Constitutional Structure (1974)
  • American Constitutional Law (a major book; 1978, 1979, 1988, and 2000)
  • The Supreme Court: Trends and Developments (1979, 1980, 1982, 1983)
  • God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History (1985)
  • Constitutional Choices (1985)
  • On Reading the Constitution (1991; with Michael Dorf)
  • The Invisible Constitution (2008)
  • Uncertain Justice: The Roberts Court and the Constitution (2014; with Joshua Matz)
  • To End a Presidency: The Power of Impeachment (2018; with Joshua Matz)

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See also

  • Bill Clinton Supreme Court candidates
  • List of law clerks of the Supreme Court of the United States (Seat 8)
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