Article Tags: Law/Policy
Harvard Law Professor Laurence Tribe represented Al Gore in the disputed 2000 Supreme Court case against George W. Bush but that didn’t stop him from attacking one of the favorite tactics of the anti-global warming crowd: Lawsuits. In an article posted today by the conservative Washington Legal Foundation, Tribe argues that federal judges have committed grave error by allowing global-warming suits to proceed instead of leaving the issue of limiting carbon emissions to Congress.
“Courts squander the social and political capital they need in order to do what may be politically unpopular …when they yield to the temptatiuon to treat lawsuits as ubiquitously useful devices for making the world a better place,” write Tribe and his coathors, Joshua D. Branson, a third-year at Harvard Law; and Tristan L. Duncan, a partner at Shook, Hardy & Bacon, the Kansas City law firm perhaps best known for defending Philip Morris and other tobacco companies.
In the brief but powerfully worded article, Tribe et al argue that courts since the days of Marbury vs. Madison have recognized that some questions are inherently political and can’t be decided through litigation (Marbury, of course, is the famous case where the Supreme Court decided it couldn’t decide poor Marbury’s case but it did have the last word on whether laws are constitutional).
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Source: blogs.forbes.com