Constitutional Law

Joshua Spivak, a senior research fellow at Berkeley Law’s California Constitution Center discusses how Nebraska uses a district-based system, where the state’s three congressional districts each get to cast their own separate Electoral College votes and how it could swing the election.

“There is a strong argument that winner-take-all is unconstitutional because it effectively nullifies votes,” writes Dean Chemerinsky. “But if courts won’t declare it unconstitutional, Congress can adopt a law requiring that every state allocate its electors by the votes in some manner proportionate to the popular vote.”

Dean Chemerinsky and Professor John Yoo discuss the Supreme Court’s conservative majority and the upcoming election’s potential impact on the court.

Dean Erwin Chemerinsky joins Midday host Tom Hall to discuss the Constitution and his new book No Democracy Lasts Forever: How the Constitution Threatens the United States.

Dean Erwin Chemerinsky considers the question, “What role, if any, will the Supreme Court play in the November presidential election?”

Dean Erwin Chemerinsky previews some of this term’s more high-profile SCOTUS cases on the docket so far.

Jeremy Fogel, executive director of the Berkeley Judicial Institute and a former federal judge and a judicial ethics expert, said expanding the court to 15 justices might improve the administration of the high court and cool the rancorous politics around nominating justices.

Dean Erwin Chemerinsky discusses the false and misleading statements made by Donald Trump about abortion during debate with Kamala Harris.

“Campus officials and faculty must themselves model the discourse we want to teach our students to emulate,” writes Dean Erwin Chermerinsky.

Dean Erwin Chemerinsky, joins Morning Joe to discuss his new book ‘No Democracy Lasts Forever: How the Constitution Threatens the United States’.