Jesse Choper

State AG bans employer-ICE cooperation. Can he do that?

John Yoo and Jesse Choper quoted by California Magazine, Feb. 7, 2018

Yoo: “States don’t have the power to interfere with federal operation. … If the state is trying to prevent people from obeying federal law, they might be committing obstruction of justice—which is a crime.”

Choper: “For California to pass a law to regulate private citizens, telling them that if they follow federal law they’re in violation of state law—that is very different than the state simply saying, ‘We’re not going to enforce [the federal government’s] law. If you want to [enforce] it, do it yourself.’ That’s a major step that I do not think is within the state’s power.”

A day after new Trump order, U.S. high court cancels hearing on travel ban

Jesse Choper and Leti Volpp quoted by San Francisco Chronicle, Sept. 25, 2017

Jesse Choper … said the addition of North Korea, in particular, would counter opponents’ allegations that the order is a Muslim ban. He also noted that that courts traditionally give the president considerable authority over immigration and national security.

The new order “could be challenged on the same grounds” as the previous versions, Volpp said. She described the additions of three nations as “cosmetic,” saying U.S. immigration from North Korea and Chad is minuscule.

So, about that ‘well-regulated militia” part of the Constitution

Jesse Choper quoted by California Magazine, Aug. 28, 2017

“It would be an uphill battle to make liability stick for any [gun-related death] if the city is in an open carry state,” Choper says. “That isn’t to say authorities shouldn’t or couldn’t try to stop [people carrying guns during demonstrations]. … All rules and laws have exceptions under extraordinary circumstances. No right, including the right to bear arms, is absolute.”

White nationalists, neo-Nazis, and Constitutional limits on free speech

Jesse H. Choper quoted by Snopes, Aug. 18, 2017

“Free speech is not absolute; that has been true from the very beginning,” … Jesse H. Choper told us. But where one draws that line is something that does not have a clear answer. He told us that there is a real lack of definition about “what is hate speech and under what circumstances does it lose First Amendment protection.”

What’s most likely to bring down Trump? We ask Cal’s experts

Robert Cole, Jesse Choper, and Charles Weisselberg quoted by California Magazine, June 22, 2017


“Even if Trump is impeached and removed from office, you end up with President Pence,” says Cole, “and most Democrats would probably not consider that an improvement. … The Democrats should be concentrating on 2018, identifying the districts where they have a chance, and developing a positive program that engages voters. Simply being against Trump isn’t enough.”


“In fact, the only thing I see so far that could tip the scale would be if substantial evidence emerged showing he knew the Russians were working to influence the election in his favor,” says Choper. “That could either force him to resign or convince the House to impeach and the Senate to convict. Other than that—it just seems unlikely to me.”


“There has been considerable debate about whether a sitting president can be charged with criminal offenses,” says Weisselberg. “Many argue the Constitution implicitly provides impeachment as the sole process for removing a serving president. However, a president who resigns or is removed from office can then be criminally prosecuted.”