Daniel Farber quoted by E&E News, March 28, 2018
“State court is going to be open to the idea of doing something that’s kind of unprecedented,” Farber said. “It’s going to be hard to get the [U.S.] Supreme Court to be activist on the climate change issue.”
Daniel Farber quoted by E&E, Climatewire, March 21, 2018
Most or all of the major oil corporations have now acknowledged the reality of climate change and the need for government action (though who knows how serious they are about that),” he said. “So it would be hard for them to take a contrary view in this litigation. Getting them to say the same thing in court will be kind of a victory for the plaintiffs even if nothing else goes their way.”
Daniel Farber, Amanda Tyler, Bertrall Ross, James Dempsey quoted by California Magazine, Jan. 23, 2018
Farber: To function, government relies on the expertise of professionals whose skills and knowledge are developed over years or decades, says Farber, and these veteran employees are now leaving the federal government in droves. … Crucial agencies and departments are being hollowed out.
Tyler: “We’re 200 years into this experiment [of a constitutional republic], and its continued success depends in very great measure … on a fundamental respect each branch of government demonstrates for the roles the other branches play. His attacks on judicial decisions and judges are troubling in regard to this basic truth of our governmental structure.”
Ross: “Journalists have been the watchdog of government throughout history. … So when the nation’s leader attacks the media, makes a point about sowing doubt, it diminishes this crucial watchdog role. Also, the media itself is becoming polarized, and that can be seen as delegitimizing. Ultimately, leaders can be held less accountable.”
Dempsey: “We’ve devoted some private money [to funding AI research], but we have no national commitment. China has made such a commitment, and it worries me. Whoever gets there first will have significant control of the global economy, and probably the military edge as well.”
Daniel Farber cited by Santa Cruz Sentinel, Jan. 11, 2018
Daniel Farber … said in an email that he hadn’t reviewed the filing in detail but that at first blush it didn’t appear as if Exxon had a strong case.
Daniel Farber interviewed by Capital Public Radio, July 31, 2017
Daniel Farber says companies will try to get the cases thrown out for lack of jurisdiction. But if they move forward, it could open up new claims. “If the plaintiffs can just get to the point of discovery, that is the point where they’re entitled to get documents and to interview oil company officials, that is really a huge victory,” Farber said.
Dan Farber quoted by The Washington Post, May 10, 2017
If Trump nominates an independent, respected figure to replace Comey, well and good. If he nominates someone who is compromised by associations with Trump or who lacks credibility as an objective investigator. … That would be the point to start worrying in earnest about a constitutional crisis.
Jesse Choper and Daniel Farber quoted by San Francisco Chronicle, May 6, 2017
“If he wants to have a private talk, he ought to have it in his office,” Choper said. He said protesters can’t be allowed to “censor the speaker” by drowning Trump out with shouts, but they should at least be allowed to hold up signs — or Russian flags — as long as they can’t be converted to weapons.
Daniel Farber said he was leery about the willingness by Trump’s lawyers to condone the use of force against protesters. “The state has an interest in preventing violent acts and requiring people to use legal channels,” Farber said. “An abortion protest might violate the rights of a clinic, but that doesn’t mean the clinic people have the right to beat them up.”
Daniel Farber quoted by Earth Island Journal, March 30, 2017
“[Gorsuch] doesn’t strike me as a bomb thrower, that he’s going to come down with some striking decisions that wreak havoc,” Farber adds. “Given that the decision was going to be made by a Republican president, I don’t think that we were going to do much better than him in terms of environmental cases, and maybe in general.”
Daniel Farber, John Yoo, and Peter Schuck interviewed by World Affairs: Conversations that Matter, March 9, 2017
Farber: “The question of whether he can terminate a treaty that’s been ratified by the Senate … is a lot harder. … As a matter of U.S. law, he can do that. The international community may or may not view that as relieving us of our international obligations. That’s a separate question.”
Yoo: “We have to separate what’s good or bad as a matter of policy, and what’s legal. They’re different things. …The President does have the legal authority to add and subtract who he wants to be his adviser in foreign or domestic policy.”
Schuck: “Congress has granted the President very broad authority in the area that was impacted by the Executive Order concerning refugees—not just refugees, but anyone coming from those countries for a period of time.”
Daniel Farber writes for The Daily Californian, Feb. 21, 2017
In terms of Gorsuch’s general temperament, he seems to care deeply about the importance of following the law, regardless of personal inclinations about the outcomes of cases. That respect for the law and for the role of judges is a good sign.