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The Latest Breaking News from Erwin Chemerinsky

Legal Expert Explains Why 'Illegal and Unconstitutional Action Will Continue' Under Trump and SCOTUS

Legal scholar Erwin Chemerinsky warns that procedural rulings by the Supreme Court may allow unconstitutional actions under Trump to continue unchecked, as they prevent challenges from reaching the merits.

International Business Times UK

Is Alito Making the Same Mistake as Ginsburg by Refusing To Retire?

The conservative justice is sticking around on the Supreme Court. Will conservatives come to regret it?

Reason

When Originalism Undermines Trump

From birthright citizenship to tariffs, many of the president’s key policies run counter to the Constitution’s original meaning.

Reason

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The Ninth Circuit Appoints Berkeley Law Dean Erwin Chemerinsky to Defend a Police Officer's Excessive Force Conviction …

... and also allows victim's attorney Caree Harper and me to defend the conviction.

Reason

Los Angeles County seeks ordinance preventing law enforcement from concealing their identities

Los Angeles County leaders want to prohibit law enforcement officers from concealing their identities while on duty, a response to recent immigration raids during which some federal agents refused to identify themselves or covered their faces

The Independent UK

Fact check: Will ‘big beautiful bill’ really allow Trump to delay election?

No, the US president would not be able to delay or cancel elections if his tax-and-spending bill becomes law.

Al Jazeera

Lawsuit Over UC Berkeley's Alleged Toleration of Anti-Semitism …

can go forward in part, a federal trial judge concludes.

Reason

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Will Trump put a Fox News host on the US supreme court? Mark Tushnet can’t rule it out

In his new book, the Harvard law professor argues against originalism and for putting non-judges on the highest court

The Guardian - US

The courts are a crucial bastion against Trump. What if he ignores their orders?

Experts warn ‘this isn’t normal’, as administration defies rulings and Vance expresses contempt for legal constraints

The Guardian - US

Trump Has Carried Out a 'Blitzkrieg on the Law and the Constitution' With Executive Orders: Legal Expert

A legal expert said President Donald Trump is carrying out a "blitzkrieg on the law and the Constitution" through his use of executive orders designed to transform the federal government.

Latin Times

Trump’s disregard for US constitution ‘a blitzkrieg on the law’, legal experts say

Scholars warn of president’s lawlessness in actions such as federal funding freeze and birthright citizenship order

The Guardian - US

Erwin Chemerinsky on the need for a new US constitution: ‘Our democracy is at grave risk’

In his new book, the eminent law professor points to a source of growing disunion – the constitution itself

The Guardian - US

"Originalism": White supremacy in robes

Legal scholar Madiba K. Dennie on how the right twisted the Constitution — and how ordinary citizens can fight back

Salon

Free Speech Unmuted: Campus Speech, with Dean Erwin Chemerinsky (Berkeley Law)

https://www.youtube.com/watch?v=us9WM72Fh6c Berkeley Dean Erwin Chemerinsky—who is also a noted scholar of constitutional law and academic freedom—joins Jane Bambauer and me to discuss student speech controversies (including the one that was literally in Erwin's back yard), as well as faculty academic freedom in scholarship, public commentary, and teaching.

Reason

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Reason

Adler v. Chemerinsky on the U.S. Supreme Court

A civil discussion on the U.S. Supreme Court and its role in American life, past and present.

Reason

Chemerinsky: "Anti-Semitism is not taken as seriously as other kinds of prejudice"

"A plainly anti-Semitic poster received just a handful of complaints from Jewish staff and students"

Reason

Private, Shmivate: Sit-ins, Campouts, and True Threats Are Constitutionally Unprotected at Universities, Whether Private or Public

The Wall Street Journal had an editorial this morning called "Defining Free Speech Down on Campus"; I agree that disruptive protests are unprotected by the First Amendment, but I think the editorial erred in its emphasis. The editorial begins by arguing that no First Amendment rights to protest on privately…

The Guardian - US

‘Media firestorm’: Israel protest at professor’s home sparks heated free-speech debate

Controversy followed a viral video of pro-Palestinian students interrupting a dinner held by a Berkeley free-speech defender

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Reason

Students Don't Have a Right to Use Public University Social Events for Their Own Political Orations,

whether at administrators' homes or in law school classrooms.

Reason

Berkeley Students Post Anti-Semitic Cartoons, Disrupt Dinner at Dean Chemerinsky's Home

"I never thought I would see such blatant antisemitism."

Reason

Senator Blumenthal Suggests Justice Sotomayor Should Think About Retiring (Without Calling Upon Her to Do So)

Public calls continue for Justice Sotomayor to step down so that President Biden can name her replacement before the election.

Reason

October 7: A Turning Point for Free Speech?

Restricting speech about the world's most pressing problems does not make them go away, nor does it settle any disputes.

Reason

From Dean Erwin Chemerinsky (Berkeley Law) and Chancellor Howard Gillman (UC Irvine) on Free Speech on Campus

Chemerinsky and Gillman are the co-authors of Free Speech on Campus, and have long defended free speech and academic freedom. (For another recent item from the two of them, see here ["Free speech doesn't mean hecklers get to shut down campus debate"].) I don't always agree with them on such…

Reason

University Administrators Behaving Badly

A bit lost in the controversy over antisemitic speech on campus is the failure of university administrators to enforce existing rules that are content-neutral. I have already written about my own university's failure to enforce Virginia's law banning masked demonstrations. That failure continues, despite a letter from the state attorney…

Fortune

Billionaire Bill Ackman says it’s 'pathetic' that colleges rely on corporations and law firms to address anti-Semitism on campus

Two dozen law firms sent an open letter to top law schools over concerns about rising anti-Semitism on college campuses.

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