“I think the ICE agents can be sued, for battery, for excessive force, in state court, and I think they can be similarly prosecuted,” said UC Berkeley Law’s Dean Erwin Chemerinsky. “If ICE agents act beyond their legal authority, and violate state law in doing so, they can be prosecuted.”
“It always should be troubling for the court to decide empirical questions without actual evidence,” writes Dean Erwin Chemerinsky. “But it should be especially disturbing for the court to strike down or narrow a vital civil rights statute based on a group of justices’ intuition that race discrimination in voting is largely a thing of the past.”
“When you use works to train a model, you’re basically using them not for the expression […] but you’re using them as data,” said Pamela Samuelson, a UC Berkeley digital copyright professor who co-directs its law and technology center. When it comes to visual outputs, she said, “There’s something much more immediately expressive about graphical works, particularly characters.”
“My hope is that the United States Supreme Court will come to the same conclusion, and we have to expect that President Trump will comply with the court order because every president in history has done so,” Chemerinsky said. “On the other hand, what President Trump is doing and using the troops and so much else, is unprecedented in American history.”
“This is a really great opportunity to get different perspectives and collaborate on issues related to tribal justice systems and programs,” said Navajo Nation Supreme Court Associate Justice William Platero. The hearing coincided with a roundtable discussion between tribal, state and federal judges held the next day. The events marked the inauguration of what UC Berkeley’s Center for Indigenous Law and Justice plans to make an annual event.
“If the NLRB is not functioning as Congress intended, as it hasn’t since January, then the NLRA cannot constitutionally preempt state law,” said UC Berkeley Law Professor Catherine Fisk.
“The Posse Comitatus Act limits what the military — or those engaged in federal military service — can do,” said Erwin Chemerinsky, the law school dean at UC Berkeley. “It does not apply to state forces. That is governed by state law.”
“By opening investigations with accusatory quotations from department officials and their allies, the Trump administration is putting its thumb on the scale,” said Catherine E. Lhamon, UC Berkeley Law’s Executive Director of the Edley Center on Law & Democracy.
The US Supreme Court had several opportunities to address the issue, but declined each time, said Holly Doremus, an environmental law professor at the University of California-Berkeley School of Law.
“Historically, over decades, families have been able to come to the federal government and get relief without hiring an attorney,” Catherine E. Lhamon, UC Berkeley Law’s Executive Director of the Edley Center on Law & Democracy told USA TODAY. “These cuts ensure that no family can rely on that.”
“OCR could not afford any cuts, period, and needed desperately to add staff because of the quantum of harm in schools with respect to civil rights and the many, many thousands of cases coming into the office,” said Catherine E. Lhamon, UC Berkeley Law’s Executive Director of the Edley Center on Law & Democracy. “Nothing has changed about that.”
“We don’t live under a king in this country. We don’t give unilateral authority to the President to make decisions about every walk of life for all Americans,” said Catherine E. Lhamon, UC Berkeley Law’s Executive Director of the Edley Center on Law & Democracy. “This President is operating as if we do.”
“He’s had an epic career, holding nearly every possible judicial seat in California,” said David Carrillo, a UC Berkeley law professor and executive director of the law school’s California Constitution Center.
“If law enforcement personnel take somebody and arrest them, law enforcement personnel need to let them know that they have been arrested,” said Dean Erwin Chemerinsky. “It’s the only way for somebody to know that they haven’t been kidnapped. And so when ICE agents in masks without identification are taking people into custody, that shouldn’t be deemed a lawful arrest.”
Jeremy Fogel, executive director, Berkeley Judicial Institute joins Lawfare Daily to talk about how the courts are faring amidst the enormous stresses of the day: a huge number of legal challenges to Trump administration actions, a judiciary under constant attack from critics—including several instances of real violence—and serious intra-branch tensions. And to discuss why it is so crucial that judges retain their independence—and how to make sure they do.
“Google will need five votes to prevail regardless of [Ginsburg’s] absence on the court,” said Pamela Samuelson, a University of California, Berkeley law professor who filed a brief backing Google. “Intellectual property is a field of law in which the usual right-left splits don’t apply. Most of the IP cases in recent years have been unanimous or nearly so.”
“If court orders can be defied, then the president can violate the Constitution and any law with impunity knowing that there are unlikely to be any meaningful consequences,” writes Dean Erwin Chemerinsky. “That means the president could then do anything — including locking up critics — knowing that the courts are powerless to stop it.”
“The crucial question will be whether it serves as a check on President Trump or just a rubber stamp approving his actions,” said Erwin Chemerinsky, dean of the University of California Berkeley Law School.
“Like last year, this term the Supreme Court again will face issues that arise from the culture wars and the Trump presidency that deeply divide our country,” said Erwin Chemerinsky, dean of the University of California, Berkeley School of Law.
The Supreme Court “has been a rubber stamp approving Trump’s actions,” said UC Berkeley law Dean Erwin Chemerinsky. “I hope very much that the court will be a check on Trump. There isn’t any other. But so far, it has not played that role.”
“Beyond the unconstitutional aspects of the compact, there is its odious demand to intrude on the autonomy of these schools,” writes Dean Erwin Chemerinsky. “Every aspect of it seeks to dictate decisions that have traditionally been left to each university — a degree of control over higher education that is characteristic of authoritarian countries.”
“There’s always the impulse to punish speech we don’t like,” said Dean Erwin Chemerinsky. “But the First Amendment protects all speech. Once you open this door, it could set a very dangerous precedent. What about teachers who criticize Donald Trump?”
“Judges are free to use their opinions to comment on the law and larger issues, as long as the focus of the opinion is right,” said Fogel, who now directs the Berkeley Judicial Institute at UC Berkeley Law. “Legal opinions are not usually that exciting. He was trying to say, this is really important.”
“I’m tremendously worried,” said Erwin Chemerinsky, dean of the UC Berkeley School of Law. “Using the military for domestic law enforcement is something that’s characteristic of authoritarian regimes.”
For Jeremy Fogel, a former federal trial judge in California and executive director, Berkeley Judicial Institute, increasing the focus on judicial well-being is a project decades in the making.
“In all my decades spent closely following Supreme Court decisions, I’ve never before felt one term had the potential to be so momentous in deciding the future of American democracy,” writes Dean Erwin Chemerinsky.
Former acting Labor Secretary Julie Su will be a visiting professor at the University of California, Berkeley School of Law, where she will focus her work at the university’s Center for Law and Work.
Erwin Chemerinsky, dean of the University of California at Berkeley’s law school, said “no one will object” if the White House simply requires universities to pledge compliance with existing law.
“AB 288 protects fundamental constitutional rights of Californians at a time when the federal government is failing,” writes Professor Catherine Fisk and Dean Erwin Chemerinsky. “It is a commonsense measure that builds on the established practice enabling unions and employers to come together under a stable and predictable set of rules to bargain collectively.”
A $6 million gift from Bob and Colleen Haas will establish the Thelton E. Henderson ’62 Chair in Civil Rights Law at the University of California, Berkeley, School of Law.
Mike Kiparsky, director of the Wheeler Water Institute at the UC Berkeley School of Law, said the need is about to explode with the advent of artificial Intelligence. “The data centers that we see now will just multiply,” he said. “And their need to cool their servers will multiply along with them.”
“It’s unnecessary to do what the administration is doing now, unless one is operating like a mob boss,” said UC Berkeley Law’s Executive Director of the Edley Center on Law & Democracy, Catherine E. Lhamon.
Michael Kiparsky, director of the Wheeler Water Institute at the UC Berkeley School of Law, said requiring data on water use is a good first step, but local officials may not know what to do with that number alone.
“Change in the Supreme Court is always difficult,” writes Dean Erwin Chemerinsky. “But in recent years, the justices have altered how they conduct oral arguments, and they now have audio broadcasts of arguments. It is time for them to go much further in providing transparency and openness.”
Claudia Polsky, a UC Berkeley law professor and the attorney for the researchers in the case, said the ruling is a victory for academic study as well as freedom of thought.
“This ruling in researchers’ favor is very consequential in this moment when the Trump Administration is applying maximum political pressure to UCLA,” said Claudia Polsky, director of the environmental law clinic at UC Berkeley and an attorney for the plaintiffs. “The effect of reinstating all unlawfully suspended NIH grants to UCLA would be to give campus and the regents the leverage they need to resist and to uphold the rule of law.”
UC Berkeley School of Law Dean Erwin Chemerinsky said, “It’s an astounding position that the government is taking, that people’s constitutional rights can be violated.”
Erwin Chemerinsky, dean of the UC Berkeley Law School, said Carr’s actions were part of a broad assault on free speech by the administration, which “is showing a stunning ignorance and disregard of the 1st amendment.”
“I believe courts could conclude that there is no reasonable need for ICE (Immigration and Customs Enforcement) agents to be wearing masks other than in the exceptions provided in the bill,” Chemerinsky said. And although the legal challenges to SB627 will pose some “unprecedented” legal questions, he said, courts have allowed states to enforce their laws against federal officers despite challenges by the federal government.
“It’s understandable that those in power want to silence the speech that they don’t like, but the whole point of the 1st Amendment is to protect speech we don’t like,” said Dean Erwin Chemerinsky. “We don’t need the 1st Amendment to protect the speech we like.”
“This is wonderful news for UC researchers and should be tremendously consequential in ongoing UC negotiations with the Trump administration,” said Claudia Polsky, a UC Berkeley law professor who is part of the legal team behind the suit.
“It’s important that the state take a stand,” said Dean Erwin Chemerinsky. “It’s obviously not a slam dunk because there are arguments on both sides, but that’s often the case with the law.”
“It is time to be very worried about freedom of expression in the United States,” writes Dean Erwin Chemerinsky. “History shows that it can be so easily lost. No democracy can exist without it.”
