Written by Patriot Staff
Do you remember that moment in Annie Hall when some bloke in line for a movie is pontificating about Marshall McLuhan’s theories? Woody Allen squelches him by bringing on McLuhan, who tells the loud talker, “You know nothing of my work.”
That’s sort of what the Alliance to Protect Nantucket Sound is looking for in hiring Harvard Professor Lawrence Tribe to help argue its appeal of a federal court decision.
The pontificator in the Alliance’s remake is U.S. District Court Judge Richard Stearns, who dismissed with some sarcasm objections raised by Cape Wind opponents that the state had forced NStar to buy power from the proposed in-state development when cheaper out-of-state options were available.
“The opinion of the district court,” Tribe remarked in a press statement from the Alliance, “relied on and quoted what my treatise on the Constitution had said about the Eleventh Amendment to reach a conclusion that neither I nor, much more importantly, the U.S. Supreme Court, would agree with – a conclusion that would make that relatively narrow constitutional provision a veritable engine of destruction for otherwise valid constitutional challenges to state laws, policies, and actions.”
The Alliance press release, obviously written by someone with his or her own sarcastic bent, noted that Tribe “counts among his many distinguished students both Chief Justice John Roberts and Justice Elena Kagan, as well as Judge Richard Stearns.”