Constitutional Law

“It is not hyperbole to say that the future of American constitutional democracy now rests on a single question: Will President Trump and his administration defy court orders?,” writes Dean Erwin Chemerinsky.

“Hopefully, the pushback in the form of lawsuits like this will show that there are legal boundaries that should not be crossed,” said Laura Riley, director of the Clinical Program at Berkeley Law. “What exactly those are; we have to wait to see what the courts do. But I do think it shows that municipalities can’t criminalize homelessness in a way that’s unchecked.”

“With a Republican majority in both the Senate and the House, Democrats cannot convene hearings, bring matters for a vote or pass bills,” writes Dean Erwin Chemerinksy. “But although they cannot pursue a legislative agenda of their own, they have the power to block at least some of President Donald Trump’s efforts.”

Laura Riley, director of the clinical program at UC Berkeley Law, shares her insights on disability act claims that are expected to arise in future cases related to the clearing of homeless encampments.

“The California Supreme Court’s limited oversight of the bar is a separation-of-powers violation, and the court should remedy that by taking direct control of the bar,” write David A. Carrillo and Stephen M. Duvernay of UC Berkeley Law’s California Constitution Center.

“A lot of things are coming together right now,” said Erwin Chemerinsky, dean of UC Berkeley Law School. “We have an administration that is being very aggressive toward the media, and a media that is afraid. … And that’s frightening.”

“The California Supreme Court’s limited oversight of the bar is a separation-of-powers violation, and the court should remedy that by taking direct control of the bar,” write David A. Carrillo and Stephen M. Duvernay of UC Berkeley Law’s California Constitution Center.

USDA targets California’s Proposition 12 as part of plan to fight bird flu outbreaks and lower egg prices, Dean Erwin Chemerinsky weighs in.

May a president fire anyone who works in the executive branch of government even when there is a statute limiting firing? Dean Erwin Chemerinsky weighs in.

“Throughout American history, presidents — Democrats and Republicans — adhered to court orders even when they disagreed with them,” said Dean Erwin Chemerinsky. “If the president abandons this precedent and instead disobeys the courts, it would put the U.S. in completely uncharted territory. Then we really have a constitutional crisis unlike what we’ve seen before.”