Erwin Chemerinsky

Chemerinsky: Breaking down the issues in the birthright citizenship case

The U.S. Supreme Court on Wednesday heard oral arguments in one of the most high-profile cases of the term, Trump v. Barbara, a challenge to President Donald Trump’s executive order limiting birthright citizenship. The executive order, issued Jan. 20, 2025, provides that only those born to citizens or green card holders are United States citizens. As the solicitor general says in the petitoners' brief: “In short, the order does not recognize children of illegal aliens or temporarily present aliens as citizens by birth.”

Apr 2, 2026 9:09 AM CDT

Chemerinsky: 6 takeaways from the Supreme Court’s tariffs decision

The U.S. Supreme Court’s ruling Friday invalidating President Donald Trump’s tariffs will have enormous legal and practical significance. In a 6-3 decision in Learning Resources Inc. v. Trump, with seven different opinions filling 170 pages, the court held that the tariffs Trump imposed are illegal.

Feb 25, 2026 1:57 PM CST

Chemerinsky: The Fourth Amendment comes back to the Supreme Court

From 2021 until 2026, the U.S. Supreme Court did not decide one case involving traditional Fourth Amendment issues. But this term, there are two Fourth Amendment cases, one already decided and one to be argued this spring.

Jan 28, 2026 12:33 PM CST

Chemerinsky: Supreme Court moves into new year with potential landmark cases

The matters already on the docket, as well as those likely to arrive, promise many blockbuster decisions that will shape American government and directly affect people’s lives in a myriad of ways. Here are some of the stories to look for.

Jan 5, 2026 9:22 AM CST

Chemerinsky: A look back at the Supreme Court in 2025 reflects its conservative leanings

What will be the role of the U.S. Supreme Court in the midst of a presidency that is challenging constitutional limits, and at a time when the country is deeply ideologically divided? The court provided initial answers to those questions in 2025.

Dec 22, 2025 9:18 AM CST

Chemerinsky: SCOTUS considers limits on president’s power to fire federal officials

The Supreme Court will hear two cases—Trump v. Slaughter on Dec. 8 and Trump v. Cook on Jan. 21—that are likely to substantially change the law as to when the president can fire those in the executive branch of government. President Donald Trump has claimed that it is a “unitary executive,” and that as the head of it, he can fire anyone within it.

Dec 1, 2025 10:53 AM CST

Chemerinsky: SCOTUS tariffs case could hinge on plain text interpretation of law or sway toward deference to president

Rarely do issues before the Supreme Court make it to commercials during the World Series. But in the first two games between the Dodgers and the Blue Jays, there were commercials from the Province of Ontario consisting of a 1987 radio address from President Ronald Reagan strongly denouncing tariffs. On Nov. 5, the legality of President Donald Trump’s tariffs will come before the Supreme Court in two consolidated cases.

Oct 28, 2025 10:25 AM CDT

Chemerinsky: New SCOTUS term includes cases that will have profound effect on law, American society

The October 2025 term officially begins, as always, on the first Monday in October, and once more there is a strong sense that it is going to be a momentous year in the U.S. Supreme Court. Although the justices have been officially in recess since June 27, it was a summer filled with unprecedented activity on the court’s emergency docket, as the justices considered the constitutionality of many actions taken by President Donald Trump's administration.

Sep 30, 2025 10:01 AM CDT

Chemerinsky: SCOTUS rulings on shadow docket cases should be fully heard before becoming binding precedent

Should a Supreme Court ruling on its emergency docket be deemed binding precedent in the lower courts? Until recently, I would have thought no, the law would not allow it. Rulings on the emergency docket are without the benefit of full briefing or any oral argument. Often there is little or even no explanation from the court.

Sep 2, 2025 8:51 AM CDT

Chemerinsky: What were the sleeper cases of this SCOTUS term?

As always, the end of the U.S. Supreme Court’s term was filled with important cases that received a great deal of media attention. But the term also had a number of significant decisions that received much less media attention.

Jul 29, 2025 10:56 AM CDT

Chemerinsky: Supreme Court’s term was all about taking sides on the ideological divide

The court’s October 2024 term, which ended June 27, presented a number of cases that posed politically controversial issues concerning the aspects of the culture wars and challenges to the actions of President Donald Trump.

Jul 2, 2025 9:00 AM CDT

Chemerinsky: SCOTUS takes on multiple challenges to executive orders from Trump administration

The first four months of Donald Trump’s second term as president have been unlike anything in American history with the issuance of a large number of executive orders, many of which are of dubious constitutionality and legality.

Jun 4, 2025 12:13 PM CDT

Chemerinsky: Cases before SCOTUS challenge injunctions against executive orders to end birthright citizenship

Although oral arguments in the U.S. Supreme Court usually end in April, on May 15, the Supreme Court will hear its first case—the consolidation of three cases—on the merits challenging a Trump administration policy: whether federal district courts erred in granting nationwide injunctions against President Donald Trump’s executive order ending birthright citizenship in the United States.

Apr 30, 2025 9:56 AM CDT

Chemerinsky: Religion cases will test whether SCOTUS continues to break down walls separating church, state

In recent years, the Roberts court has dramatically changed the law with regard to the religion clauses of the First Amendment. Again, this term, the U.S. Supreme Court has several cases about the Constitution and religion.

Apr 1, 2025 3:39 PM CDT

Chemerinsky: SCOTUS likely to revisit president’s power to fire executive branch officials

The first case involving the second Trump administration has come to the U.S. Supreme Court. Although the high court has not gotten involved at this stage in the litigation, the case involves an issue of enormous significance.

Feb 26, 2025 2:17 PM CST