Erwin Chemerinsky writes for The Sacramento Bee, Jan. 8, 2018

Throughout American history, conservatives have championed “states’ rights.” Sessions himself has done so on countless occasions, such as when he rescinded the Obama policy interpreting federal law to protect transgender students. But when Sessions does not like what states are doing, such as legalizing possession of small amounts of marijuana, his commitment to federalism and states’ rights vanishes.

Erwin Chemerinsky quoted by Courthouse News, Jan. 3, 2018

According to Chemerinsky, clarification is in order. “I think it very important to separate what the government may do from what it is required to do [emphasis original]. I think Trinity Lutheran is about the latter and it is unclear how far that will extend,” he said.

Erwin Chemerinsky writes for The Sacramento Bee, Jan. 2, 2018

The Constitution turns 231 years old in 2018 and yet my prediction is that it will be at the center of the most important stories to come out of Washington in the coming year, stories that will shape the future of our government for years and potentially even decades to come. Here are three to look for that could have enormous consequences.

Erwin Chemerinsky writes for The Sacramento Bee, Dec. 27, 2017

Judicial independence comes at a cost: the lack of checks on federal judges who behave badly or simply no longer should be on the bench. The reality is that there are federal judges who are widely regarded as no longer able to handle the position.

Erwin Chemerinsky cited by Daily Journal (registration required), Dec. 26, 2017

Erwin Chemerinsky, now dean of UC Berkeley School of Law, represented Orange County Superior Court in its defense against that petition. He told a gathering of Orange County judges and lawyers in October that the case is his proudest.

Erwin Chemerinsky writes for The Sacramento Bee, Dec. 18, 2017

The bottom line is that millions will lose their health care coverage or pay much more for it. The Congressional Budget Office, a non-partisan research office in Congress, estimated that repealing the individual mandate will cause 13 million people to lose their health insurance.

Erwin Chemerinsky quoted by Los Angeles Times, Dec. 15, 2017

History shows such investigations, from Watergate to Whitewater, tend to linger and expand, sometimes for years. “They often took on a life on their own,” said Erwin Chemerinsky.

Erwin Chemerinsky writes for SCOTUS Blog, Dec. 12, 2017

Merely requiring clinics to post a notice informing women of the availability of free or low-cost reproductive health care services does not violate the First Amendment. In many different ways, health-care professionals are already required by law to provide information to patients so they can make informed choices.

Erwin Chemerinsky writes for The Sacramento Bee, Dec. 11, 2017

Every federal court of appeals to consider the issue has held that no warrant is required before police access cellular location information. These courts have relied on a legal principle called the “third party doctrine” – that we have no privacy interest in information that we share with a third party, such as a phone company.

Erwin Chemerinsky writes for The Sacramento Bee, Dec. 6, 2017

Such serious constitutional violations can be deemed “high crimes and misdemeanors.” But the legal standard and politics are not the same. Congress is partisan. … Whether politically it is desirable to pursue impeachment now, as Steyer urges, is a very different question from the legal one.