HeyJaredErwin Chemerinsky
- Indexed articles, last 90 days
- 6
- Latest publication
- Sep 9, 2026
- Outlet visibility, for SCOTUSblog
- Top 500K sites
- Earliest in this view
- Jul 7, 2026
Latest articles
Aesthetic injuries, standing, and the White House ballroom (opens the original)
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The Supreme Court’s decision to allow President Donald Trump to demolish the East Wing of the White House and build a huge ballroom is troubling enough. But it could also have long-term consequences by making it much harder for plaintiffs to sue to enforce something even more important: federal environmental laws. For over 50 years, the court has consistently allowed plaintiffs to have standing to sue in federal courts based on claims that they have suffered an aesthetic harm. In the ballroom ca
Gutting the Alien Tort Statute (opens the original)
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The Supreme Court’s decision in Cisco Systems, Inc. v. Doe I, decided in June, is a lethal blow to suits under the federal Alien Tort Statute. Such litigation often is the only remedy available to victims of human rights abuses. Through Cisco, the court has effectively nullified a vital law that could check corporate abuses and provide an essential remedy to those whose rights have been violated. The Alien Tort Statute was part of the Judiciary Act of 1789 and gives federal district courts juris
Weakening the protection against sex discrimination? (opens the original)
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Few were surprised by the court’s ruling in West Virginia v. B.P.J. upholding a West Virginia law prohibiting transgender girls and women from participating in sports corresponding to their gender identity. How the court justified its ruling, however, has troubling implications. The court analyzed the West Virginia law under equal protection as sex discrimination, not as gender identity discrimination. But the court departed from traditional principles that it had previously articulated for how
Notable concurring opinions from this term (opens the original)
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Sometimes concurring opinions of justices add little to what is in the court’s decision. Other times, however, they take a very different approach and urge a major change in the law. In my last column for SCOTUSblog, I wrote of Justice Clarence Thomas’ astounding concurring opinion in Mullin v. Doe in which he argued that the equal protection clause does not apply to the federal government and that 1954’s Bolling v. Sharpe, which held otherwise, was wrongly decided. There were several other part
The biggest Supreme Court surprises this term (opens the original)
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At the end of a recent talk on the Supreme Court’s latest term I was asked what surprised me most about the term. I was not surprised by the results in the most high-profile cases of the term, such as tariffs, presidential removal power, birthright citizenship, and restrictions on transgender athletes. From the oral arguments and from my sense of the justices’ views, I would have predicted these results. I don’t want to overstate my predictive powers. I was surprised that the birthright citizens
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