Jesse Choper and Daniel Farber Scoff at Lawsuit Citing Ineligibility Clause to Block Clinton Appointment

The Washington Times, Dec. 3, 2008 by Christina Bellantoni
http://washingtontimes.com/news/2008/dec/03/clinton-challenged-in-key-cabinet-role/print/

“The courts would decline to hear that lawsuit on the grounds that this is a matter to be resolved in a political process,” Mr. Choper said.

Dan Farber, another Berkeley constitutional law professor, said there was no conflict when Mr. Bush signed the order earlier this year. “The last thing he had in mind was that he could sway Clinton’s vote by promising her the position with higher pay, and any possible conflict is eliminated if she doesn’t actually get the higher salary,” he said.

2Ls Valerie Blair and Sarah Ruby Offer Straight Talk on Marriage

San Francisco Chronicle, Dec. 1, 2008 by Valerie Blair and Sarah Ruby
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/12/01/ED4N14DRMH.DTL

Politics can’t change the way we feel about our partners, but it has changed the way we feel about marriage in California. For us, state-run marriage is tainted. To marry the people we love, we must enroll in an institution that is discriminatory and unfair. Prop 8 made that clear. Marriage now feels like the wrong way to begin our lives with people we love so much.

Alan Auerbach Thinks Deficit is Threat to Economic Recovery

National Journal, Dec. 1, 2008 by Alan Auerbach

http://economy.nationaljournal.com/2008/12/is-the-deficit-a-threat-to-a-f.php?rss=1

President-elect Obama faces a very difficult task in his design of fiscal policy, thanks in no small part to the fiscal profligacy of his predecessor. He shouldn’t try to attack the long-term fiscal problem immediately, but he needs to address it soon, in a big way. And it won’t take a line-by-line review of the budget to know where the bodies are buried, with roughly 70 percent of the non-interest federal budget now accounted for by Social Security, Medicare, Medicaid, and Defense.

Jesse Choper Clarifies Religious Groups’ Tax-Exempt Status

San Francisco Chronicle, Nov. 28, 2008 by Matthai Kurvuila
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/28/BAB214BA4E.DTL

The issue was last debated by the U.S. Supreme Court in 1970, according to Jesse Choper, a professor at the UC Berkeley School of Law. Choper said the court acknowledged that the history of tax exemption for churches stretches back to the nation’s beginnings. The court ruled that because tax exemption was a benefit not solely given to religious groups, but included groups like schools and nonprofits, it was fair.