Erwin Chemerinsky

Trump may have as many as five criminals in his inner circle. Time to get serious.

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.

Chemerinsky: Two end-of-term decisions close the courthouse doors to those who have been injured

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.

A new adventure and a heavy heart

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.

Trump’s ‘emoluments’ defense argues he can violate the Constitution with impunity. That can’t be right

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.

Will Supreme Court retirement bring ‘Kennedy Court’ to an end?

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.

Congressional Democrats to file emoluments lawsuit against Trump

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.”

Trump administration files Hail Mary appeal to derail youth climate lawsuit

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.”