Erwin Chemerinsky

Lawsuit: Remove ‘So help me God’ from citizenship oath

Erwin Chemerinsky quoted by, Nov. 3, 2017

Newdow’s defeat in the Pledge of Allegiance case could signal a difficult road ahead for Bilbo’s lawsuit, suggested … Erwin Chemerinsky. … “Courts generally have not been receptive to this in the context of the Pledge of Allegiance,” Chemerinsky wrote in an email.

Chemerinsky: The myth of ‘plain meaning’

Erwin Chemerinsky writes for ABA Journal, Oct. 31, 2017

The Supreme Court increasingly has embraced interpreting statutes based entirely on “plain meaning” of the words and eschewing consideration of legislative history. … The problem with this approach is that the cases that come to the Supreme Court involving statutory construction rarely involve laws where the language has a clear, plain meaning. Instead, the court engages in a fiction: It quotes the ambiguous language, declares that there is a “plain meaning,” and then comes to its desired conclusion.

Should college students have to pay fees that go to groups they don’t support?

Erwin Chemerinsky quoted by The Washington Post, Oct. 29, 2017

“I wish there were a way I could opt out of my taxes going to things I don’t like, but I can’t, because the tax system would collapse if I did,” said Chemerinsky. … “I regard student fees for student groups the same way,” he said. “If students could opt out of paying the student activity fees, the campuses will lose that multiplicity of student groups and diverse views.”

Erwin Chemerinsky: What students don’t understand about free speech

Erwin Chemerinsky interviewed by Truthdig, Oct. 27, 2017

“It’s based on a faith that we’re all going to be better off when there’s more ideas expressed, than having the government pick and choose which ideas are acceptable and which are unacceptable. Maybe that faith is misplaced, but the alternative, to me, is much more frightening.”