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Erwin Chemerinsky, Recurring Columnist

Erwin Chemerinsky is the Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law. He is the author of twenty books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction, and over 200 law review articles. He frequently argues appellate cases, including in the United States Supreme Court.

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

The Supreme Court and voting identification

Erwin Chemerinsky March 25, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

Abandoning the separation of powers in times of war

Erwin Chemerinsky March 11, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

How and why the conservative justices differed on tariffs

Erwin Chemerinsky February 23, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

The gerrymandering mess

Erwin Chemerinsky February 11, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

Second Amendment jurisprudence is a mess

Erwin Chemerinsky January 28, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

Whither Bostock?

Erwin Chemerinsky January 15, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

Looking back at 2025: the Supreme Court and the Trump administration

Erwin Chemerinsky January 5, 2026

The statue, Authority of Law, by American sculptor James Earle Fraser outside the Supreme Court of the United States. The High Court building was built during the Great Depression and completed in 1935. Architect Cass Gilbert's design is based on a Greco-Roman temple.

COURTLY OBSERVATIONS

Bush v. Gore in retrospect

Erwin Chemerinsky December 16, 2025

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COURTLY OBSERVATIONS

Morrison v. Olson and the triumph of the unitary executive theory

Erwin Chemerinsky December 3, 2025

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COURTLY OBSERVATIONS

The shadow docket fails again

Erwin Chemerinsky November 20, 2025

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