A conversation with the legal scholar tribelaw, on why he’s become increasingly concerned about the Court’s anti-democratic and anti-human-rights record.
, arising from Harvard and North Carolina, those are areas where he’s been on the right end of the spectrum all along.
I would draw a line between political and partisan, or political in the crassest sense and political in the sense that the substance of the legal ideas that one has is inseparable from one’s political orientation and background. Take something like the position that McConnell took with respect to Merrick Garland, another former student of mine. That kind of politics in the pejorative sense, not worrying at all about consistency and so on, that’s something that I don’t associate with Roberts.
You started out by saying one of the problems with the Court arises when it sides with the powerful over the less powerful. And one thing you have been criticized for was signing on with a coal company fighting climate-change regulations. Two of your colleagues even wrote, “Were Professor Tribe’s name not attached to [these arguments], no one would take them seriously.
Well, yes, I get it. I did make a mistake. A couple years ago, I think, I was somewhat new to Twitter and I didn’t know that the Palmer Report was as unreliable as it is, so I tweeted a couple things and then I deleted them when someone pointed out that I’d made a mistake. I don’t think I do that with any frequency, but what I do more frequently is talk in sound bites and not watch my language when I’m on Twitter, because it’s, frankly, a way of getting my ideas to a larger number of people.
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