Erwin Chemerinsky

Chemerinsky: Will SCOTUS consider it cruel and unusual punishment to prosecute homeless people for sleeping in public?

Can a city make it a crime for unhoused people to sleep in public if there are no other places for them to go? On April 22, the U.S. Supreme Court will hear oral arguments on this issue in City of Grants Pass, Oregon v. Johnson, a case of enormous interest to the many cities that are struggling with burgeoning populations of unhoused people.

Apr 15, 2024 9:00 AM CDT

Chemerinsky: How not to decide Trump’s Colorado ballot case

How the U.S. Supreme Court writes its opinion in Trump v. Anderson could have enormous long-term implications. The oral arguments on Feb. 8 left no doubt that the Supreme Court will reverse the Colorado Supreme Court and hold that Donald Trump is not disqualified from being on the ballot for the Republican primary in that state.

Feb 21, 2024 8:17 AM CST

Chemerinsky: Supreme Court will hear some of its biggest cases of the term this month

Some of the most important cases of the term will be argued this month before the U.S. Supreme Court. On Feb. 8, the justices will return to the bench earlier than planned to hear Trump v. Anderson, which considers whether former President Donald Trump is disqualified from again being president because of Section 3 of the 14th Amendment. On Feb. 26, the court will hear two cases that could have a profound effect on the internet and social media, Moody v. NetChoice and NetChoice v. Paxton.

Feb 1, 2024 8:51 AM CST

Chemerinsky: Expect another momentous year at the Supreme Court

I do not recall ever facing a new year with such a sense of trepidation and even fear of what to expect. The presidential election campaign of 2024 promises to be unlike any we have seen in American history, and it seems inevitable that the U.S. Supreme Court will play a large role. And the docket for the current term is filled with major issues about controversial matters, such as abortion, administrative law, gun rights and the First Amendment and social media.

Jan 4, 2024 10:49 AM CST

Chemerinsky: A year of significant developments at the Supreme Court

“Sometimes in the past, a blockbuster term—like the one a year ago—is followed by a quieter one. But that was not true this year. It was another amazing year in the Supreme Court,” writes Erwin Chemerinsky, University of California at Berkeley law dean.

Dec 19, 2023 11:08 AM CST

Chemerinsky: ‘Sleeper’ case before the Supreme Court could have major implications for administrative law

If I had to pick a case as the potential “sleeper” of the term—a case which is not getting a great deal of attention but that could have a huge impact—I’d select Securities and Exchange Commission v. Jarkesy, scheduled for argument Nov. 29.

Nov 29, 2023 8:07 AM CST

Chemerinsky: Supreme Court once again will consider the scope of gun rights

On Nov. 7, the Supreme Court will hear oral arguments in United States v. Rahimi. It is an enormously important case about the scope of Second Amendment rights and also about how the Roberts Court is approaching interpreting the Constitution.

Nov 1, 2023 1:44 PM CDT

Chemerinsky: Big cases in administrative law, gun rights and social media are scheduled for October term

We are in the midst of dramatic changes in many areas of constitutional law. Thirty years ago, I wrote the first edition of a constitutional law casebook. I have just completed the seventh edition, and never has so much changed from the prior edition or since I began writing the book.

Sep 27, 2023 10:21 AM CDT

Chemerinsky: These recent Supreme Court decisions have sparked a wave of litigation

The U.S. Supreme Court’s October 2022 term ended just a couple of months ago, but it’s already apparent that the decisions are leading to a great deal of litigation. What are the major issues left open by the cases that are likely to be litigated in state and federal courts?

Aug 30, 2023 8:17 AM CDT

Chemerinsky: Supreme Court rulings on labor and employment law leave many unanswered questions

Although they did not receive the headlines of the most high-profile decisions of the October Term 2022, the U.S. Supreme Court decided two important cases concerning the law of the workplace. One involved the duty of employers to accommodate employees’ religious beliefs and practices. The other concerned when a union can be held liable for the economic consequences of a strike. Each is likely to engender a great deal of litigation.

Aug 1, 2023 3:00 PM CDT

Chemerinsky: Supreme Court once again moves the law significantly to the right

In the last days of the October Term 2022, the court, in a series of 6-3 decisions, moved the law significantly to the right. But unlike the prior term, there also were some significant surprises from the conservative court.

Jul 13, 2023 1:45 PM CDT

Chemerinsky: SCOTUS ruling on Indian Child Welfare Act is win for Native Americans, but key issues remain unresolved

The United States has a long and despicable history of removing Native American children from their families. As Justice Neil Gorsuch observed, “there was mass removal of Indian children from their families during the 1950s, 1960s and 1970s by state officials and private parties.” This horrific practice actually began almost 150 years ago.

Jul 5, 2023 11:08 AM CDT

Chemerinsky: Social media and internet companies likely face more free speech challenges at the Supreme Court

Sometimes there is great significance in what the U.S Supreme Court doesn’t do, and that was definitely so for two cases it handed down May 18 about the internet and social media.

Jun 6, 2023 8:57 AM CDT

Chemerinsky: Expect momentous decisions from the Supreme Court as term ends

Unless there is an emergency matter to be heard, the U.S. Supreme Court completed oral arguments for the October 2022 term April 26. The court is expected to hand down decisions by the end of June in all of the argued cases, with a flurry of decisions in the most high-profile cases expected at the very end. What are likely to be the most important rulings from the October 2022 term?

Apr 27, 2023 8:51 AM CDT

Chemerinsky: Oral arguments conclude with important free speech, civil rights cases

This month, the U.S. Supreme Court will conclude oral arguments for the October 2022 term. Two of the cases to be heard, one constitutional and one statutory, seem particularly important. They concern the First Amendment and Title VII of the 1964 Civil Rights Act.

Apr 4, 2023 8:39 AM CDT