William Fernholz

Trump’s travel ban dilemma will only be solved by the Supreme Court

William Fernholz writes for The Hill, Dec. 6, 2017

When will we know who won the war? We’ll get a hint when the Fourth and Ninth Circuits decide the appeals, but it’s the Supreme Court that will probably determine the ultimate outcome. If nothing else, these two orders show that the Court is paying attention.

In latest travel ban appeals case, Trump is his own worst enemy

William Fernholz writes for The Hill, May 17, 2017

Put aside the existing law, which could be read to favor either party. Put aside also, for a moment, the substance of President Trump’s comments, which have been well-reported. Both sides face a similar underlying problem: their positions, taken to an extreme, could lead to drastic problems for our nation.

After appeals court ruling, Trump has two unappealing options

William Fernholz writes for The Hill, Feb. 9, 2017

The Ninth Circuit, the appeals court for the western United States, the temporary restraining order (TRO), which prevents the government from implementing President Trump’s immigration executive order. It was a short trip to the Ninth Circuit, and the lawyers for the government leave it bruised, though not beaten.

Christopher Edley, Melissa Murray, William Fernholz Praise Sotomayor and Moot Court Judges

-San Francisco Business Times, January 11, 2011
http://bit.ly/gby3zt

Christopher Edley, dean of Cal’s law school, said: “These are three extraordinary jurists.”

Melissa Murray, an assistant professor at the school who once clerked for Sotomayor, said: “She is a role model for any student engaged in the study and practice of law.”

-Bay City News, January 12, 2011
http://www.insidebayarea.com/oaklandtribune/localnews/ci_17077548

“I believe that over the next 20 years Justice Sotomayor will emerge as a truly central figure in American jurisprudence; she’s that good,” Edley said. “Our students will carry this memory with them for the rest of their lives.”

“Justice Sotomayor is extraordinarily charismatic and uniquely alive in her questioning during oral arguments at the Supreme Court,” said William Fernholz, a faculty member who directs the school’s appellate program.

William Fernholz Says State Supreme Court Session Showed Students Practical Side of Law

California Supreme Court Historical Society Newsletter, Fall/Winter 2009 by Claire Cooper
http://www.cschs.org/ (requires registration; go to G:\Law School in the News\News Clips for article)

The questions asked by the law students reflect “the kinds of things lawyers care about: what kinds of judges are these, what are their values and what is the process that they use to make a decision,” Fernholz says. In responding, the justices were “as candid as they could be consistent with their ethical duties.”

William Fernholz Lauds Moot Court Case and Presiding Panel of Judges

-Contra Costa Times, April 2, 2009 by Matt Krupnick
http://www.insidebayarea.com/oaklandtribune/localnews/ci_12056485

“This is an all-star panel,” said William Fernholz, director of appellate programs for the UC Berkeley law school, in a written statement. “We would be lucky any year to have one of these judges preside over the final round. It’s like hitting the jackpot to have all three join us.”

-The Daily Californian, April 15, 2009 by Keena Batti
http://www.dailycal.org/article/105267/supreme_court_justice_breyer_judges_moot_court_com

The case is centered on an actual lawsuit filed by the ACLU, which was never argued in the Supreme Court, according to Fernholz. “Justices that are sitting under the bench can’t talk about issues that might come before them,” he said. “This case is ideal in that it raises very complex and important issues, but thankfully, it’s moot.”