Jesse Choper

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.”

Trump can’t stop protests at his rallies, experts say

Jesse Choper and Daniel Farber quoted by San Francisco Chronicle, May 6, 2017

“If he wants to have a private talk, he ought to have it in his office,” Choper said. He said protesters can’t be allowed to “censor the speaker” by drowning Trump out with shouts, but they should at least be allowed to hold up signs — or Russian flags — as long as they can’t be converted to weapons.

Daniel Farber said he was leery about the willingness by Trump’s lawyers to condone the use of force against protesters. “The state has an interest in preventing violent acts and requiring people to use legal channels,” Farber said. “An abortion protest might violate the rights of a clinic, but that doesn’t mean the clinic people have the right to beat them up.”

Cowboy Neil: How western is Gorsuch and does it matter?

Jesse Choper quoted by California Magazine, March 30, 2017

“The court is by no means representative of the country,” says Berkeley Law’s Jesse Choper, “not geographically, not religiously, not educationally. The fact is that every one of them was from either Harvard or Yale. It used to be more diverse [in that sense], and it used to be that where you were from mattered. I think it still does, but I think where they were educated matters more.”