It was a graduate seminar, and we were the only two [undergraduate] students enrolled in it. Tribe: There were two or three men that my father knew in Shanghai who were imprisoned with him and then, basically, the whole community seemed to go to San Francisco. It was really funny. But I didnt think it would happen. Gazette: Where is justice and the law today compared to where things were when you started? I do not have that view of the Judge. Gazette: Did you realize how much of a target for Republican fury you would soon become? I was good at the craft and could create highly realistic portraits and seascapes, but none of it was terribly creative or original. Laurence Tribe: Thank you, Senator. Laurence Tribe seems pretty confident that Tucker Carlson and 'the GOP's Trump wing' would be guilty of treason if Putin invades Ukraine; UPDATED Posted at 11:25 am on February 21, 2022 by . I asked Tribe if his guideline about speaking his mind. C-Span. Associate Justice of the Supreme Court Stephen Breyer and Laurence Tribe. I would type into the night, and the thing would run out of tape, and I was beside myself. [24], In 1983, Tribe represented Unification Church leader Sun Myung Moon in the appeal of his federal conviction on income tax charges. Tribe: They were very enthused about it, my mother especially. It has been repeated by all of the great Justices in our history Chief Justice Burger said it in 1980. And I suppose I trace to that early experience the sense that I wanted to make a difference. Born in Shanghai, China, to Russian-Jewish immigrants, Tribe attended public schools in San Francisco and entered Harvard University in 1958 on a full scholarship. [34][35] His advocacy for corporations like Peabody has been criticized by some legal experts. Lawyer and scholar who has gained fame for his expertise in constitutional law, including in litigation in front of the Supreme Court. They divorced in 2008. [27], The Supreme Court ruled against Tribe's client in Bowers v. Hardwick in 1986 and held that a Georgia state law criminalizing sodomy, as applied to consensual acts between persons of the same sex, did not violate fundamental liberties under the principle of substantive due process. If the Senate were convinced that, as a Supreme Court Justice, Judge Bork would vote to uphold laws telling people whether or not they may have children, to uphold the kinds of sex discrimination that the Supreme Court has struck down over the past 15 years, to uphold censorship of art and literature simply because it is not related to politics I think it is clear that confirmation would not follow if those views, inferred from his writings, were the views that he presented to this committee. On July 1, Tribe, 78, becomes the Carl M. Loeb University Professor and Professor of Constitutional Law Emeritus. I am honored that the committee invited me to testify on this important nomination. At Harvard, theres nothing worse than an incomplete. I really got pretty good at that. [30] The court determined that recounts of votes should cease and that accordingly George W. Bush had been elected president. Youll end up arguing a case every now and then. In 1961, all nine Justices thought it was reasonable to excuse all women from jury service unless they volunteered. At least some of the classes were kind of deadening. [44][45] After an investigation, Tribe was reprimanded by Harvard for "a significant lapse in proper academic practice," but the investigation concluded that Tribe did not intend to plagiarize. Susan Biddle/The Washington Post Tribe married Carolyn Ricarda Kreye in 1964. But I always did well. [25] The Lawyer's Guide to Writing Well criticizes the opening of his brief as a "thicket of confusing citations and unnecessary definitions" stating that it would have been "measurably strengthened" if he had used the "more lively imagery" that he had used in a footnote later in the document. It was a watch given to him because George his name is George Israel Tribe they all knew him as such a soft-hearted guy. Tribe: Yeah, it was a problem socially. But it was a very uniform place. Our students need to be encouraged not to despair, not to give up. Tribe is one of the country's foremost constitutional lawyers, the Carl M. Loeb university professor at Harvard Law School. Justice Stevens himself, whom Judge Bork invokes for this new, fluid, open-ended, unpredictable test, was very explicit in joining Justice OConnors opinion saying that we need heightened scrutiny in the case involving discrimination in medical education. Both of my kids are artists. Was it always expected that you would go to college? But she was somehow admitted to a medical school in Milan, and she desperately wanted to go medical school, which you were able to do in the late 1930s without having more than a high school education. I should say at the outset that I do not at all view Judge Bork as someone who personally favors laws against birth control or neighborhoods limited to white people or policies that discriminate against women. Tribe: Yes. And so, I went to San Francisco, worked at the Lawrence Radiation Lab, was desperate not to continue working on the Ph.D. Much of it is a first draft. I wanted at least to be somewhat comfortable, and his situation was, as I said, always touch and go. Barack Obama, John Roberts and Elena Kagan are among Tribe's former Harvard students. Although, come to think of it, I did really enjoy my course in federal income taxation with Professor Bernard Wolfman, who was visiting from Penn. I love how much I can learn from the interaction with students. Not to gamble on whether Judge Bork is a sexist; I do not believe for a minute that he is. And I love hearing back from them over the years and keeping in touch. Not interdisciplinary, not nearly as experimental and open-minded and conceptually adventuresome as it became in later years. I washed dishes. Tribe: [Sen.] Ted Kennedy told me that I was in the mix, but that Clinton didnt want to take somebody who would be politically costly to confirm. Tribe: I was thought of as the class brain, and it was not a compliment. So as I learned about things like this growing up, I developed a sense of the enormous, great luck in managing to survive, giving me a strong feeling that I had an obligation to pay it forward. [Sens.] I skipped my first three sabbaticals, foolishly, thinking that they would accumulate. Laurence Tribe is the Carl M. Loeb university professor and . I may not even agree with what theyre doing, but the fact that Im helping them take flight, I just love the experience. Having come from mathematics, I felt particularly strange about how this isnt like mathematics where you have absolutely wrong answers and right answers, and you can say Q.E.D. Birth Name: Laurence Henry Tribe Occupation: Lawyer Born In: Shanghai, China Birthdate: October 10, 1941 Age: 81 years old (as of 2023) Ethnicity: Unknown Nationality: American Sexuality: N/A Laurence Tribe was born on the 10th of October, 1941. Tribe: I didnt detect that big a difference. Women and other vulnerable groups are asked to gamble. My grandfather and father went from Belarus to Manchuria when my dad was just a teenager. Tribe: When I agreed to argue against Obamas clean-power plan I thought that it was illegal. Its just the bare outline, and everything else has to be built up. Stewart famously said, I cant define hardcore pornography, but I know it when I see it. And I asked him once, Have you ever seen it? And he said, Yes, just once, off the coast of Algiers. (Laughs) I could never find out more than that. He ended up going to Haverford, which was a great place for him, and I ended up going to Harvard, which was a fabulous place for me. Every law student learns that only the Supreme Courts development of much more closely structured forms of scrutiny of laws based on sex and race has led us predictably toward equality. I do remember being interviewed by some very pompous Harvard alumni in San Francisco. I still think it probably was. I remember a hilarious experience with [John Marshall] Harlan, in particular. The difference was I thought we could actually get a majority of the court to agree on a specific approach. 79, Justice and former HLS Dean Elena Kagan J.D. Tribe: I see myself as helping design legal strategies with intellectual coherence that advance humane and constitutional values that I believe deeply in. Benn and I were best friends. When [my mother] was born in 1915, Manchuria was in the control of Russia. She got my parents permission, and I went with her to a studio in downtown San Francisco, where we did drawings of live nudes. I really rethink every course. Gazette: Of all the things youve done, first and foremost, youre known as a beloved teacher who has influenced and inspired generations of students, lawyers, judges, scholars, political leaders . I still have it somewhere. Can I come home? My parents saved the letters that I wrote home saying, Im going to flunk out. Laurence Tribe: Thank you, Senator. It is not news to this committee that Judge Borks writings and speeches up through last year treat those rulings as indefensible because they do not derive closely enough from specific provisions of the Constitution. Where are you applying? And I said, Oh, Berkeley. He said, What about Reed or Harvard? I had never even heard of either. I missed a lot of classes, but I loved the ideas. And so, testifying before this committee, Judge Bork offered to close those enormous gaps when he said that, as a Justice, he would strike down all unreasonable legislative classifications. Second half, all incompletes. His father was from Poland and his mother was born in Harbin to immigrants from Eastern Europe. And they were pretty good, some of them. That leaves out such vital matters as sex, poverty, illegitimacy and handicap. Utterly lawless," Laurence Tribe, a constitutional law professor at Harvard Law School, wrote on Twitter. My dad was in what amounted to a concentration camp. They assumed I would go to UC Berkeley because at that time, especially when you were a California resident, Berkeley was basically free, and it was across the bay, and they didnt want me to be very far from home. He didnt. All these things tend to converge for me, and I think the country is in graver danger than it has been in my lifetime. He is a gifted writer and thinker; his treatise "American Constitutional Law" gained deservedly canonical status in the. I welcome you, and if you would indicate on whose behalf you are testifying, whether you are representing an organization, in what capacity you are here, and then your statement. The English masculine name is a variant of Lawrence and it originates from a French form of the Latin Laurentius, a name meaning "man from Laurentum".. Theyre still at the front lines of what could make a difference. Eating pattern tied to 24% reduction in cardiovascular, cancer mortality in people diagnosed with the chronic condition, HMS/Brigham study shows most advertised medicines little better than other treatment options, Khalil Gibran Muhammad says College Board needs to stand firm behind curriculum, Chief counsel of respected mid-70s Senate inquiry into improper federal investigations says credibility of oversight function at stake, 2023 The President and Fellows of Harvard College, Stephanie Mitchell/Harvard Staff Photographer, By Christina Pazzanese Harvard Staff Writer. 07:30 AM - 07:00 PM. You also advised the Democratic House managers on legal strategy during the impeachment hearings. He said, The place Im really interested in is Harvard. So he told me about Harvard. They said, What do you think of Picassos second pink period? I didnt know. US District Judge Aileen Cannon on Monday granted Trump's request that a special master. I was always klutzy, so I had a really hard time figuring out how to change the cartridge on the IBM Selectric [typewriter]. No, I couldnt possibly have come without a full scholarship. I still remember when John Tate couldnt remember the name of a teacup. What are the various ways to interpret the silences? Justice OConnor said it in a unanimous decision upholding a prisoners right to marry in June of 1987. And to the extent I can, I want to be. A lot of the professors were extremely nasty. So it was just the thesis, and I was starting to think about it. The title University Professor is Harvards highest academic honor, awarded to just a handful of professors at any given time and to just 68 professors in all of Harvard Universitys history. So I kept looking for something, some way that I could both do well and make a difference. But I didnt think of myself as his political opponent. I love being able to help students make sense of things. Like me, I guess, he didnt have much business sense or financial savvy. F or an example of unimpeachable authority, look no further than Laurence H. Tribe, a law professor at Harvard University.He became a student at Harvard when he was 16 and a tenured professor . From Columbia University; has prevailed in three-fifths of the many appellate cases he has argued (including 35 in the U.S. Supreme Court); was appointed in 2010 by President Obama and Attorney General Holder to serve as the first Senior Counselor for Access to Justice; and has written 115 books and articles, including his treatise, American Constitutional Law, cited more than any other legal text since 1950. Theyd flock to courses in commercial transactions and taxation, and I wasnt ever too interested in that. Gazette: What was it like to be a Supreme Court clerk back then? Laurence H. Tribe. Nothing like the [General Education] requirements or the core curriculum existed at that time. Its a combination of literature, history, moral philosophy, political philosophy, and structure. I went to a temple, had a bar mitzvah. I remember going in a very large rowboat across the river. Gordon, and landed in San Francisco. 07:30 - 19:00. Gazette: Any regrets or things you wish had gone another way? He appeared to be well on his way, blazing beyond his undergraduate coursework and finishing with top academic honors. This was 1976. If you like and love literature and interpretation, as I do, where else could you find something where theres a detailed, but spare, text, on the basis of which so much is built? But then a couple of things happened that made that seem implausible. [11][12][13] Tribe spent his early years in the French Concession of Shanghai before his family immigrated to the United States when he was six years old. Youd think, given that proclivity, that I would be able to find my way around. The other thing that got me was that I like language, and I like communicating. Still, I loved it. Tribe argued the initial case in Federal Court in Miami in which they successfully argued that the court should not stop the recount of the votes which was taking place and scheduled to take place in certain counties. (Honorary) 1987, Illinois Institute of Technology LL.D. And in response, Judge Bork tells this committee that he will listen to new arguments designed to show that some of these rights rights, perhaps, to things like birth control, maybe even abortion may be derived, he suggests, by a method that he would find satisfactory from the Constitutions specific text and history. My word. It was much more collegial in those days. At the time, he was thought to be the Bertrand Russell of his generation. Even apart from the ninth amendment, we have in this country and I am proud that we have a 200-year-old tradition establishing that people retain certain unspecified fundamental rights that courts are supposed to discern and to defend. I got to know Marshall quite well and [Earl] Warren less well. I wasnt, as Kennedy was saying, In Robert Borks America women are going to have coat-hanger abortions, although that might indeed have been the case. And thats fun, but it makes it extremely labor-intensive. Gazette: Were you able to get to know any of the other justices besides Stewart? [31][32], In 2014, Tribe was retained to represent Peabody Energy in a suit against the Environmental Protection Agency. Constitutional law is filled with great silences. Tribe: Oh, yeah. If you hit it off right with the justice and are good at arguing back and forth and write in the style the justice likes, you got a lot of drafting experience. How digital misinformation may keep you from a good nights sleep, Quantum computing simulation reveals possible wormhole-like dynamics. He said that a judge might be compelled simply to ignore the amendment and I use his words exactly as if it were nothing more than a water blot on the document. But it is more than a water blot. Tribe: Well, it certainly gave me enormous sympathy for the experience of being a refugee, making me very sympathetic to immigrants. I still remember that they had empty cans under the legs of the beds. Also, I dont like that people thought I was doing it for the money, because I wasnt. Thats quite young to be on your own and so far away from your family. Gazette: You spent the first six years of your life in Shanghai before your family immigrated to the United States. And the other law clerks were wonderful to work with. I thought the idea of coming back to the classroom writing, teaching that sounded exciting. But in hindsight, I wouldnt trade this life for anything. Tribe: Setting aside the whole experience of teaching, of the specific things Ive done, of the writings, its certainly the treatise. I said, Give me a chance, Mr. Justice. Most of the time when I was growing up, we lived in a two-bedroom rented apartment. Born in China to Russian Jewish parents, Tribe entered Harvard in 1958 at 16; graduated summa cum laude in Mathematics (1962) and magna cum laude in Law (1966); clerked for the California and U.S. Supreme Courts(1966-68); received tenure at 30; was elected to the American Academy of Arts and Sciences at 38 and to the American Philosophical Society in 2010; helped write the constitutions of South Africa, the Czech Republic, and the Marshall Islands; has received eleven honorary degrees, most recently a degree honoris causa from the Government of Mexico in March 2011 that was never before awarded to an American and an honorary D. Litt. Due to the close nature of the vote count, recounts had been initiated in Florida, and the recounts had been challenged in court. I loved Constitutional Law, had Paul Freund for an advanced Con-Law course. I visited the camp once near the end of the war when Japan was pretty clearly losing. Tribe was part of Al Gore's legal team regarding the results of the 2000 United States presidential election. While not actively teaching at the law school any. Tribe: Where else could you find the combination of something making a difference, something of consequence, something truly fundamental, something that is at the base of everything, but also something that has a deep history and something in which theres extraordinary writing and thinking The Federalist Papers, some of the great opinions of justices, Thurgood Marshalls lawyering, John Marshalls writing, Robert Jacksons mastery of prose? 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