The Wall Street Journal, October 29, 2010 by Jess Bravin
http://on.wsj.com/bGF1EI
While Justice Breyer “is trying to occupy a role counter to Scalia,” he lacks the outsize personality that made liberals such as Chief Justice Earl Warren or the late Justice William Brennan so influential, said Mr. Choper, a former clerk to Chief Justice Warren.
The American Lawyer, October 26, 2010 by Ginny LaRoe
http://bit.ly/blYiEL
There is relatively little law on the issue of standing in this type of Establishment Clause case, and the practice of the U.S. Supreme Court has been to address the merits of these types of cases without much discussion on standing, said UC-Berkeley School of Law Professor Jesse Choper. “Considering the attitude of the present court in respect to standing and to the Establishment Clause, there’s a good possibility that they would take this up,” he said.
The Vancouver Sun, October 21, 2010 by Peter Henderson
http://www.vancouversun.com/news/Obama+fights+reinstate+tell/3703937/story.html#ixzz131M0zewX
While California’s 9th Circuit is regarded as one of the more liberal appeals courts in the nation, some legal scholars thought it likely that Phillips’s injunction would at least be set aside there temporarily. “I just don’t think the action of a single judge, no matter how right she might be, will be allowed to trump that entire process,” said Jesse Choper.
The Christian Science Monitor, October 15, 2010 by Daniel B. Wood
http://bit.ly/dzOAyj
“There is no question … that California can pass a law saying it’s no longer illegal to have, grow, or smoke marijuana,” says Jesse Choper, a professor at the University of California, Berkeley’s Boalt School of Law. “But that has absolutely nothing to do with the continued existence of validity in enforcement of the federal statutes.”
The Christian Science Monitor, October 12, 2010 by Daniel B. Wood
http://bit.ly/atReki
[Choper] says Judge Phillips’s arguments are strong and not dissimilar to the reasoning of US District Court Judge Vaughn Walker in California’s landmark Proposition 8 gay marriage case, which found that “California has no interest in discriminating against gay men and lesbians.” Phillips “is saying there is insufficient reason that the government needs to be engaging in this form of discrimination, and that this is a cohort that ought to be given sympathetic treatment by the courts,” says Choper.
The Associated Press, September 9, 2010 by Paul Elias
http://nyti.ms/cp6aWe
Free speech expert Jesse Choper said it’s unlikely the U.S. Supreme Court would take up the case, noting that Bybee is a politically conservative judge. ”It’s a pretty straightforward case,” said Choper, a law professor at the University of California, Berkeley. ”It would seem a clear, uncontroversial application of the First Amendment.”
The Christian Science Monitor, August 31, 2010 by Daniel B. Wood
http://bit.ly/ax6TgA
Monday’s suit is “stronger in a way” than the suit against Governor Brewer over the immigration law, because it is more specific, says Jesse Choper…. Congress has stated what it requires for the employment application, “but doesn’t say what states cannot require,” says Mr. Choper. “If the federal government named the requirements and said these are the only ones, this case would be a slam dunk,” he says. “But they didn’t, so now the government has to argue what they intended.”
-Reuters, August 16, 2010 by Peter Henderson
http://www.reuters.com/article/idUSN169040420100817
“It is obvious that they think there is a genuine issue of whether Prop 8 backers have the legal right to appeal,” said Jesse Choper, a Constitutional law professor at Berkeley.
“They punt,” said University of California, Berkeley, family law professor Joan Hollinger, who said the ruling was practical since it left in place the status quo but sped up the appeal.
-The Christian Science Monitor, August 17, 2010 by Daniel B. Wood
http://bit.ly/bEcRlN
“The practical effect of imposing the stay until at least December is to give the 9th Circuit an opportunity to review more carefully whether the proponents have standing to bring an appeal,” adds UC Berkeley School of Law professor Joan Hollinger.
-Reuters, August 17, 2010 by Peter Henderson and Dan Levine
http://www.reuters.com/article/idUSTRE67G4Y820100817
Jesse Choper, a law professor at the University of California, Berkeley, said the appeals court seemed to see standing as a “genuine issue.” Legal analysts are uncertain how the court might rule.
San Francisco Chronicle, August 8, 2010 by John Diaz
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/07/INO61EFPES.DTL
In reading Walker’s opinion, which carefully and quite compellingly dissected the arguments of each side, it is apparent that a judge known for his diligence went to great lengths to put it on display in this case…. “This is by no means a renegade decision,” said Jesse Choper, a constitutional law professor at the UC Berkeley School of Law.
The New York Times, August 4, 2010 by John Schwartz
http://www.nytimes.com/2010/08/06/us/06assess.html?_r=2
Professor Jesse H. Choper, a professor of law at the University of California, Berkeley, said that it was too soon to tell which way Justice Kennedy might come down on the issue of same-sex marriage. “I have no way of predicting how he’d come down on this, and I don’t think he does, either, at this point.”