Constitutional Law

Leading constitutional scholar and UC Berkeley School of Law Dean Erwin Chemerinsky joins SpeechMatters to share both his insights on this Supreme Court term and his reflections on the tumultuous past year on campus.

“The long-settled legal doctrine here depends on constitutional permission for forced labor as punishment for crime,” said David Carrillo, executive director of Berkeley Law’s California Constitution Center. “Removing that support raises difficult questions that courts will need to rethink — without an established foundation to build on.”

“Judge Aileen Cannon’s stunning ruling dismissing the federal indictment against Donald Trump for mishandling classified documents is just wrong as a matter of constitutional law, but it can be easily overcome,” writes Dean Erwin Chemerinsky.

“Solving the problem of homelessness is difficult and expensive,” writes Dean Erwin Chemerinsky. “But putting people in jail for sleeping in public does absolutely nothing to solve homelessness or help people in need.”

Much of the Biden administration’s executive order may remain unaffected, said Kenneth Bamberger, a UC Berkeley Law professor who has focused on AI regulatory issues. That’s because most of the order’s actions consist of non-binding efforts, like directing federal agencies to draft reports or establish guidelines that wouldn’t have fallen under Chevron. 

Professor Elena Chachko weighs in on the Supreme Court’s recent administrative law cases.

Professor Jeffrey Selbin weighs in on the Supreme Court ruling on City of Grants Pass, Oregon v. Johnson

At times, some have referred to the Supreme Court as “nine scorpions in a bottle,” writes Dean Erwin Chemerinsky. That metaphor seems especially appropriate this year, though I would describe them as “nine angry scorpions in a bottle.”

“It’s a court driven by conservative ideology and politics, not precedent or constitutional doctrine,” said Erwin Chemerinsky, the UC Berkeley law school dean.

“I didn’t expect such a broad definition of absolute immunity for a president for criminal acts,” said Berkeley Law Dean Erwin Chemerinsky, one of the nation’s preeminent constitutional scholars. “While the court leaves many issues unresolved, it is a dramatic and stunning affirmation of broad, absolute immunity for a president.”