After graduating from law school, Tribe
clerked for justice
Mathew Tobriner of the
Supreme Court of California from 1966 to 1967, then for Justice
Potter Stewart of the
U.S. Supreme Court from 1967 to 1968. He then joined the Harvard Law School faculty as an assistant professor, receiving tenure in 1972. Among his law students and research assistants while on the faculty at Harvard have been former President
Barack Obama (a research assistant for over two years), Chief Justice
John Roberts, US Senator
Ted Cruz, Other students of Tribe include U.S. Senator
Adam Schiff, Former Chair of the
House Intelligence Committee and lead manager for the first
Impeachment of Donald Trump, and
Jamie Raskin, lead manager for the second Donald Trump impeachment. In 1978, Tribe published the first version of what has become one of the core texts on its subject,
American Constitutional Law. It has since been updated and expanded a number of times. In 1983, Tribe represented
Unification Church leader
Sun Myung Moon in the appeal of his federal conviction on income tax charges. In the 1985
National Gay Task Force v. Board of Education Supreme Court case, Tribe represented the National Gay Task Force who had won an Appeals Court ruling against an Oklahoma law that would have allowed schools to fire teachers who were attracted to people of the same sex or spoke in favor of civil rights for gay people. The Supreme Court deadlocked, which left the Appeals Court's favorable ruling in place, declaring the law would have violated the First Amendment. 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. However, in 2003 the Supreme Court overruled
Bowers in
Lawrence v. Texas, a case for which Tribe wrote the ACLU's
amicus curiae brief supporting Lawrence, who was represented by
Lambda Legal. His participation in the hearings raised his profile outside of the legal realm and he became a target of right-wing critics. Tribe was part of
Al Gore's legal team regarding the results of the
2000 United States presidential election. Due to the close nature of the vote count,
recounts had been initiated in Florida, and the recounts had been challenged in court. 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.
David Boies argued for the Gore team in a related matter in the Florida State Courts regarding the dates that
Secretary of State of Florida Katherine Harris would accept recounts. Tribe represented
General Electric in its defense against its liability under the
Comprehensive Environmental Response, Compensation and Liability Act ("Superfund"), in which GE and Tribe unsuccessfully argued that the act unconstitutionally violated General Electric's
due process rights. in 2006 In 2014, Tribe was retained to represent
Peabody Energy in a suit against the
Environmental Protection Agency. Tribe argued that EPA's use of the
Clean Air Act to implement its
Clean Power Plan was unconstitutional. Tribe's legal analysis has been criticized by some legal commentators, including fellow Harvard Law School professors Richard J. Lazarus and Jody Freeman, who described his conclusion as "wholly without merit". Tribe, along with
Alan Dershowitz and a number of other scholars at Harvard Law School expressed their support for
animal rights including "animal personhood" in 2003.
Plagiarism In 2004, Tribe acknowledged having
plagiarized several phrases and a sentence in his 1985 book,
God Save this Honorable Court, from a 1974 book by
Henry Abraham. 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.
Facebook Oversight Board On September 25, 2020, Tribe was named as one of the 25 members of the "Real Facebook Oversight Board", an independent monitoring group over
Facebook. ==Political involvement==