Laurence Tribe’s “security blanket” for Supreme Court advocacy

Quick Overview

Professor Laurence Tribe discusses his personal "security blanket" for Supreme Court advocacy: meticulously handwritten, color-coded outlines summarizing case law, which he used for the arguments in Bowers v. Hardwick (1986) and other major cases.

Key Points: Laurence Tribe reveals his "security blanket" for Supreme Court advocacy consists of two large sheets of paper filled with densely written, color-coded case notes and legal outlines. Tribe specifically used these detailed outlines when arguing the landmark case Bowers v. Hardwick before the Supreme Court on March 31, 1986. The notes detail the limits of government power, specifically questioning Georgia's invocation of police power to arrest Michael Hardwick (MH) for private, consensual sodomy. Visual evidence includes photos of the Supreme Court building, the Burger Court from March 31, 1986, and Tribe teaching students in the 1970s. Tribe emphasizes that the government's power must be limited to legitimate state interests like preserving public decorum, protecting children, or controlling commerce, arguing that private sexual conduct does not fall under these categories. The video contextually frames Tribe's advocacy career, showing images related to his teaching career and his involvement in significant constitutional law cases.

Context: The video features Laurence Tribe, Carl M. Loeb University Professor, Emeritus at Harvard Law School, discussing his preparation methods for high-stakes Supreme Court arguments. The central visual aid is Tribe's personalized set of handwritten legal outlines, which he refers to as his 'security blanket,' indicating their vital role in his preparation for landmark constitutional cases, most notably Bowers v. Hardwick.

Detailed Analysis

Laurence Tribe explains that his "security blanket" for Supreme Court advocacy is a set of two large, handwritten, color-coded outlines detailing case law and arguments, which he brought to the podium when arguing cases. He shows these notes, which cover topics like the limits of government power invoked by Georgia in the Bowers v. Hardwick case—specifically whether the state's police power extends to prohibiting private sexual conduct. Tribe argues that the state's power is limited to preserving public decorum, protecting children, controlling commerce, preventing physical harm, and regulating contracts, none of which apply to private, consensual acts between adults. The video intersperses Tribe's interview with archival photos, including images of the Supreme Court building, a New York Times headline announcing the hearing of the 'Case on Rights for Homosexuals' (Bowers v. Hardwick), photos of the Burger Court (dated March 31, 1986), and photos of a younger Tribe teaching law students.