Erwin Chemerinsky

Chemerinsky: SCOTUS failed to address whether Chinese access to TikTok data is real national security threat

The U.S. Supreme Court’s decision on Jan. 17 upholding the federal law banning TikTok continues a long history of judicial deference to claims of national security. The ruling upholds a federal statute that bans a medium of communication that is used by more than 170 million people in the United States. The speech of all who generate content for it and all who receive it is restricted by this law. It is difficult to think of any law in American history that restricted so much speech for so many people.

Jan 29, 2025 2:58 PM CST

Chemerinsky: What can we expect from SCOTUS in 2025?

Predictions for the coming year are always tempting, but in hindsight often seem foolhardy. No one in December 2019 could have anticipated the COVID-19 pandemic of 2020. And in December 2023, no one could have envisioned the political roller coaster of 2024. Although there is much that cannot be anticipated, the following seem realistic questions as we anticipate the new year.

Jan 2, 2025 9:01 AM CST

Chemerinsky: Supreme Court confirms conservative leanings in 2024, shows no signs of changing

The last year at the U.S. Supreme Court confirmed what has been clear since President-elect Donald Trump selected three justices between 2017 and 2020: It is a very conservative court. Those who are conservative celebrate this, and those who are liberal decry it. But no one disputes that when the court is ideologically divided, it is virtually always a 6-3 decision with a conservative result. This was certainly true in 2024, and it is likely to remain that way for many years to come.

Dec 23, 2024 8:46 AM CST

Chemerinsky: SCOTUS considers law prohibiting gender-affirming care—case of constitutionality, deep cultural division

The culture wars come to the Supreme Court Dec. 4 when it hears oral arguments in United States v. Skrmetti, which involves the constitutionality of a Tennessee law that prohibits gender affirming care for transgender youths. Twenty-six states have adopted such laws. An estimated 118,000 transgender teenagers, about 40% of transgender youths, live in states with bans on gender-affirming care.

Nov 27, 2024 8:45 AM CST

Chemerinsky: Elections matter, from composition of federal bench to our highest court

In what might be one of the of the most consequential presidential campaigns in our lifetime, and maybe American history, remarkably little attention has been paid to judicial appointments. But the longest legacy of any presidency is the picks for the Supreme Court and the lower federal courts. History shows how much presidential elections matter.

Oct 31, 2024 8:52 AM CDT

Chemerinsky: Will the Supreme Court have a role in the presidential election as it enters a new term?

As the justices return to the bench on Oct. 7 for the new term, the unknowable question is whether the U.S. Supreme Court will play a role in the outcome of the November 2024 presidential election. Will this year be like 2000, when a close election was effectively decided by the court’s ruling in Bush v. Gore? Or will it be like 2020, when a close election did not raise any issues for the justices to decide?

Oct 2, 2024 8:53 AM CDT

Chemerinsky: Saving American democracy will require constitutional reforms and Supreme Court term limits

There is a widespread sense that American democracy is in danger. No form of government lasts forever, and it is foolhardy to believe that the United States cannot fall prey to the forces that have ended democracies in many other countries. The problems, to a large extent, stem from the choices made long ago in drafting the Constitution. But the situation has gotten much worse in recent years, in part because of decisions by the U.S. Supreme Court.

Aug 28, 2024 1:49 PM CDT

Chemerinsky: These Supreme Court sleeper cases will have lasting impact

The October 2023 term had many blockbuster decisions that deservedly received headlines. But there also were some important cases that received far less media attention that will have a significant impact on the law. Here are a few of what I regard as the “sleeper” cases of the term.

Jul 31, 2024 10:48 AM CDT

Chemerinsky: SCOTUS term reveals deeply divided justices frustrated with one another

At times, some have referred to the Supreme Court as “nine scorpions in a bottle.” That metaphor seems especially appropriate this year, though I would describe them as “nine angry scorpions in a bottle.” There is a strong sense that it is a deeply divided court. There were a total of 59 opinions, and 23 were 6-3 and another five were 5-4.

Jul 3, 2024 8:44 AM CDT

Chemerinsky: SCOTUS rulings on election districting likely to affect who’s going to Congress in 2025

Two recent rulings of the Supreme Court—one on its “shadow docket” and the other a decision on the merits—again revealed the deep division among the justices with regard to issues concerning voting and the electoral process. Each was decided by a 6-3 margin, with the familiar ideological split among the current justices, and each will have significant consequences for our political system in making it harder to bring challenges to the drawing of election districts.

May 30, 2024 9:54 AM CDT

Chemerinsky: SCOTUS winds up term with rulings expected on major cases about government power, accountability

The Supreme Court heard the last oral arguments of the term on April 25, and now we wait for the decisions with the expectation of the usual flurry of rulings at the end of June. In thinking about the pending cases, a significant number involve the scope of government power and how to hold the government accountable.

May 1, 2024 12:08 PM CDT

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