Erwin Chemerinsky writes for The Sacramento Bee, July 13, 2017
All, regardless of political affiliation, should be outraged that top officials in a presidential campaign – including the candidate’s son, son-in-law, and campaign manager
– were eager to receive help from the Russian government to influence the outcome of the election. But it is clear that this is part of a much larger, deeply disturbing pattern and the whole story is not yet known.
Erwin Chemerinsky writes for The Sacramento Bee, July 8, 2017
The justices should have foreseen that the Trump administration would take a very restrictive approach that breaks apart families and interferes with employment and education. The travel ban is unconstitutional and illegal, and should have remained enjoined in its entirety.
Erwin Chemerinsky writes for ABA Journal, July 6, 2017
Until now, the high court always has said that personal jurisdiction in a federal court is identical to the state were it sits. The conclusion in inescapable that the court has provided substantial protection for corporations—even a corporation like Bristol-Myers Squibb that engaged in a nationwide marketing campaign for its product—at the expense of injured plaintiffs.
Erwin Chemerinsky quoted by the Washington Examiner, July 6, 2017
While Chemerinsky said he thinks Gorsuch may prove to be more conservative than the late Justice Antonin Scalia, whose seat Gorsuch filled in April, “if Justice Kennedy leaves the court, then we will have the most conservative court there’s been since the mid-1930s.”
Erwin Chemerinsky writes for The Orange County Register, June 29, 2017
There always has been a sense of fragility in being part of creating something new. Yet, as I leave UCI Law School, I realize that it no longer is fragile. It is firmly established as a top law school, with a superb faculty and staff and great students. I am especially proud of its commitment to public service.
Erwin Chemerinsky writes for Los Angeles Times, June 26, 2017
Three different lawsuits have been filed against President Trump. … Trump’s position is that the federal courts can hear none of these suits because no one has “standing” to sue him for these constitutional violations. But that can’t be right: It cannot be that the president can violate the Constitution with impunity and no court has the authority to hold him accountable.
Erwin Chemerinsky writes for The Sacramento Bee, June 26, 2017
Neil Gorsuch replacing Antonin Scalia largely restored the court’s ideological balance to what it was before Scalia’s death. But President Trump replacing Kennedy with a conservative in the Gorsuch or Scalia mold will create the most conservative court that there has been since the mid-1930s.
Erwin Chemerinsky quoted by The Washington Post, June 14, 2017
“When the president refuses to reveal which benefits he is receiving — much less obtain congressional consent before accepting them — he robs these members of their ability to perform their constitutional role,” Chemerinsky said. “Congressional lawmakers . . . have a duty to preserve the constitutional order in the only way they can: by asking the courts to make the President obey the law.”
Erwin Chemerinsky quoted by Think Progress, June 13, 2017
“Mandamus of this sort is truly extraordinary and rarely granted,” Erwin Chemerinsky, a constitutional law expert and soon-to-be dean of Berkeley Law, told ThinkProgress via email. “The strong presumption in federal courts, reaffirmed by the Supreme Court as recently as yesterday, is that appellate courts don’t get involved until the trial court proceedings are completed.”
Erwin Chemerinsky writes for The Sacramento Bee, June 6, 2017
The delays in imposing the death penalty are not a result of the bad faith of lawyers or judges. Speeding up executions without providing qualified lawyers and without dealing with the problems in the courts is a recipe for unjustly imposing the death penalty.