Erwin Chemerinsky

Many of Trump’s judiciary picks have no business being judges. Can Senate Republicans say no?

Erwin Chemerinsky writes for The Sacramento Bee, Nov. 20, 2017

Trump already has nominated 58 individuals to federal court of appeals and district court judgeships. The American Bar Association, an independent and nonpartisan organization, for decades has evaluated federal judicial nominees. It has found four of these nominees to be “unqualified,” something that prior to the Trump presidency had occurred only four times since 1989.

How we deal with hate speech — with more speech

Erwin Chemerinsky writes for San Francisco Chronicle, Nov. 16, 2017

Perhaps most important, campus officials can engage in their own speech, denouncing the expression of hate and using such occasions for explaining why it is inconsistent with the campus’ principles of community. … More speech cannot cure the pain of hateful speech, but it can go a long way to bringing a campus together when an ugly incident occurs.

There’s much more at stake than cake

Erwin Chemerinsky writes for Daily Journal (registration required), Nov. 14, 2017

This should be an easy case for the Supreme Court. Businesses should not be accorded a constitutional right to discriminate based on sexual orientation or race or sex or religion.

Should “harmful speech” be punished in the U.S.?

Erwin Chemerinsky and john a. powell quoted by California Magazine, Nov. 6, 2017

“Would we be better off if the campus had the power to prevent the speakers that they find offensive from being there?” Chemerinsky says. “We might think that’s our ideal, but I still worry that’s what would have kept students from protesting segregation, or from protesting the Vietnam War. When you give the government the power to censor the speech that we find offensive, it’s going to be used against us.”

“We are moral beings, and we have to think about things in a much deeper way than just what the court said,” powell said. “Some things injure other people, and both the concept of liberty and equality doesn’t allow us to injure other people with impunity.”