Erwin Chemerinsky

8 ABA Journal Erwin Chemerinsky articles.

Chemerinsky: Predicting the Supreme Court in 2021 may be dangerous and futile

At the end of 2019, law dean Erwin Chemerinsky attempted to look ahead to what to expect in the U.S. Supreme Court in 2020. He’s sure 2021 will be no different in its unpredictability. Here are some things to look for at the high court in the year ahead.

Chemerinsky: Looking back at the Supreme Court in 2020
Everyone, I am sure, will be glad to bid farewell to 2020 and looks forward to better things in 2021. As the year draws to a close, the COVID-19 pandemic is surging with a catastrophic loss of lives and serious illnesses, but there is the hope of vaccines soon becoming widely available. What were the most important stories about the U.S. Supreme Court during this plague year?
Chemerinsky: COVID-19 ruling reveals much about the new Supreme Court
We are accustomed to major U.S. Supreme Court decisions in late June as the term winds to a conclusion; rarely, however, is there a blockbuster ruling a few minutes before midnight the night before Thanksgiving. But the court’s ruling Nov. 25 in Roman Catholic Diocese of Brooklyn, New York v. Cuomo is quite important and tells us a great deal about the new court.
Chemerinsky: SCOTUS considers whether religious freedom also means freedom to discriminate
On Nov. 4, the U.S. Supreme Court again will face one of the country’s most divisive constitutional issues: Does the First Amendment’s protection of speech and religion provide a basis for violating laws that prohibit discrimination against gays and lesbians?
Chemerinsky: The Supreme Court returns to a term like no other
No other first Monday in October, the traditional start of a new U.S. Supreme Court term, ever has been like this one. With the country still in the midst of a pandemic, oral arguments will be held by telephone as they were in May. The justices and the country are still reeling from the death of Justice Ruth Bader Ginsburg on Sept. 18. Looming large is the coming confirmation battle over the nomination of Judge Amy Coney Barrett, who would add another staunch conservative to the court.
Chemerinsky: Will SCOTUS rulings help decide the 2020 presidential election?
There now have been six instances in which the U.S. Supreme Court has dealt with issues concerning COVID-19 and the election process. The court repeatedly has made clear that it does not want the federal courts changing the rules of an election, even when necessary to protect the right to vote in a pandemic.
Chemerinsky: How will SCOTUS handle future issues related to the COVID-19 crisis?

The COVID-19 pandemic has led to a great deal of litigation. A few cases already have reached the U.S. Supreme Court. What can be learned from them, and what does this tell us about the court’s likely handling of future cases arising from the pandemic?

Chemerinsky: Gorsuch wrote his ‘most important opinion’ in SCOTUS ruling protecting LGBTQ workers

There are many important implications to the U.S. Supreme Court’s stunning decision June 15. “It certainly is the most important opinion” written by Justice Neil M. Gorsuch since coming on to the court three years ago, writes law dean Erwin Chemerinsky.