Erwin Chemerinsky

Erwin Chemerinsky

Erwin Chemerinsky is the Dean of Berkeley Law School and the Jesse H. Choper Distinguished Professor of Law. He has authored more than 200 law review articles and eleven books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are, We the People: A Progressive Reading of the Constitution for the Twenty-First Century (Picador Macmillan) published in November 2018, and two books published by Yale University Press in 2017, Closing the Courthouse Doors: How Your Constitutional Rights Became Unenforceable and Free Speech on Campus (with Howard Gillman). In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States.

Columns by Erwin Chemerinsky

Permalink to Doubling Down on the Case for the Unconstitutionality of the California Recall

Doubling Down on the Case for the Unconstitutionality of the California Recall

24 Aug 2021

Aaron Edlin and Erwin Chemerinsky

Berkeley Law professor Aaron Edlin and dean Erwin Chemerinsky respond to arguments by Illinois Law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker regarding the constitutionality of California’s recall process for governor. Professor Edlin and Dean Chemerinsky first rebut the argument that California Supreme Court precedent determines the outcome in this case and then argue on the merits that California’s recall process attempts to do in two steps what is clearly unconstitutional to do in one; because the ballot is an election for who will be governor, the candidate with the most votes should be the one chosen.