Lawrence Tribe likens the president's climate change policies to 'burning the Constitution'

[n2doc]

A Harvard professor who taught U.S. President Barack Obama torched his prized pupil last month on Capitol Hill.
Constitutional scholar Lawrence Tribe, who also served in the Justice Department under Obama, testified last month during a House hearing that the president's climate change policies are similar to "burning the Constitution."

The 73-year-old Tribe argued that the Environmental Protection Agency is grossly overstepping its boundaries in respect to enforcing the president's doctrine.

One conservative operative called the remarks "dazzling."

more
http://www.sfgate.com/technology/businessinsider/article/One-of-Obama-s-Harvard-professors-likened-the-6184418.php

However, it all makes perfect sense when one realizes Tribe is being paid by Peabody Energy, a giant coal company.


Mr. Tribe, 73, has been retained to represent Peabody Energy, the nation’s largest coal company, in its legal quest to block an Environmental Protection Agency regulation that would cut carbon dioxide emissions from the nation’s coal-fired power plants — the heart of Mr. Obama’s climate change agenda.

http://www.nytimes.com/2015/04/07/us/laurence-tribe-fights-climate-case-against-star-pupil-from-harvard-president-obama.html?_r=0

[Gothmog]

1. Tribe is representing his client -Peabody energy

An advocate has to make arguments like this

[elleng]

2. Thank you, Gothmog.

I was trying to formulate a similar statement.

[Gothmog]

5. Advocates make statements to benefit their clients

That is how the system works and there is nothing personal in taking a position that helps ones client. BTW, I am not a litigator because I would have trouble doing this.

[elleng]

6. I'm not a litigator either,

but am a lawyer (retired.) Saddens me that so many seem not to recognize this is the way the system is intended to work.

[Gothmog]

9. I am a corporate type but have worked on some contingent fee cases

Our system works on the principle that each sides' advocates makes the strongest arguments that are consistent with ethics and the facts. The truth comes out in the competition of ideas. It is not a perfect system and at times you get statements like Tribe's statement. However if an advocate/attorney does not make all legitimate arguments, then the system does not work

[elleng]

11. Exactly.

I did administrative law, from govt side first, and heard some 'silly' points of view (IMO) from parties' experts. Later, after agency shrunk and my job too, worked for parties in similar type of cases, and helped make arguments to address govt's pov of the moment. Interesting!

[Vattel]

15. Tribe says that he is not for sale and that prior to being hired by his client he believed

that Obama was acting unconstitutionally. The crucial issue is whether he is right. But addressing that issue is not so easy.

[Vattel]

8. Nice ad hominem.

Maybe someone should find out what his actual arguments are before dismissing them on the basis of an ad hominem.

[elleng]

12. Nothing ad hominem about 'An advocate has to make arguments like this.'

FACT.

[Vattel]

13. Don't be deliberately obtuse. You know what is implied by such a statement.

[elleng]

14. Nothing but the facts, NOTHING implied.

Tribe represents a client, as he's hired to do and as the system expects.

[Vattel]

16. So why is this obvious fact being pointed out?

He represents a client and so argues on his client's behalf. Duh. Isn't the real issue whether Tribe is correct that Obama is acting unconstitutionally?

[elleng]

17. The Court will make the decision.

IMO the Obama administration is not acting unconstitutionally.

[Comrade Grumpy]

10. Tribe chose to be a mouthpiece for Big Coal. Shame on him.

[gratuitous]

3. Interesting how much coverage this gets

And the type of coverage - Tribe is "dazzling" according to sympathetic listeners. But when actual scientists, reviewing the data and drawing their conclusions without the backing of coal or oil industrial money, observe that we're fouling our own habitat at an alarming rate, the popular media feel compelled to offer "both sides" of the "controversy."

It's almost as if the major media outlets have been co-opted like Tribe has been.

[procon]

4. The real headline should read:

"A lawyer hired by the nation's largest coal producer to argue that EPA rules are unconstitutional, says EPA rules are unconstitutional."

[malaise]

7. or Diatribe