Erwin Chemerinsky

Feinstein had to ask Trump’s judicial nominee about religion. Stop attacking her for it.

Erwin Chemerinsky writes for The Sacramento Bee, Sept. 19, 2017

It was Barrett, not Feinstein, who made her Catholic faith an issue by writing about how Catholic judges should behave on the bench. Feinstein simply was asking Barrett whether her law review article reflected how she will behave as a judge. At no time, did Feinstein “attack” Barrett for her religious faith or suggest she should be denied confirmation because she is a Catholic.

DACA recipients sue Trump administration in SF court

Erwin Chemerinsky quoted by SF Gate, Sept. 18, 2017

The San Francisco lawsuit, drafted by legal scholars including Laurence Tribe of Harvard and UC Berkeley Law Dean Erwin Chemerinsky — and attorney Luis Cortes Romero, himself a DACA recipient — represents six plaintiffs who might be singled out as evidence of the program’s success. … Each of the plaintiffs “has committed to helping others,” the suit said.

Fees for parents of incarcerated youth could end with proposed CA bill

Erwin Chemerinsky, Jeffrey Selbin, and Susan Gluss quoted by The Daily Californian, Sept. 13, 2017

These fees disproportionately impact families of Black and Latinx children, who represent more than 70 percent of youth in the juvenile justice system, according to Chemerinsky.

Selbin said such fees “undermine both rehabilitation and safety,” which he said are the main goals of the juvenile justice system. Selbin said he believes this is why the bill passed with bipartisan support — 37-3 in the Senate and 57-9 in the Assembly.

The passing of SB 190 in the State Senate and Assembly was a “hard-earned victory for students,” Berkeley Law spokesperson Susan Gluss said in an email.

Why we need total free speech on campuses

Erwin Chemerinsky interviewed by WNYC, Sept. 13, 2017

I think it’s so important for campus officials to respond to and condemn hate speech. Just because the First Amendment protects a right to say something, that doesn’t mean it should be said. Campus officials can describe the type of community they want to create and denounce hate speech as inconsistent with it.

The free speech-hate speech trade-off

Erwin Chemerinsky interviewed by The New York Times, Sept. 13, 2017

The central principle of the First Amendment — and of academic freedom — is that all ideas and views can be expressed. Sometimes they are ideas and views that we might consider noble, that advance equality. Sometimes they might be ideas that we abhor. But there is no way to empower a government or campus administration to restrict speech without allowing for the possibility that tomorrow, it will be our speech that is restricted.

Chemerinsky brief argues Trump’s pardon of Arpaio is void

Erwin Chemerinsky, Michael Tigar, and Jane Tigar brief cited by ABA Journal, Sept. 12, 2017

The trio argue the pardon is void for three reasons. First, the brief argues the pardon is not authorized by Article II’s grant of pardon power for “offenses against the United States.” … Second, the amicus brief argues that the pardon violates the principle that Article III courts have a duty to provide effective redress when a public official violates the Constitution. Third, the brief argues that Article III courts have inherent power to enforce their orders “and this power exists outside and beyond legislative empowerment and executive whim.”