In the News

Jesse Choper in the news:

Opinions of Supreme Court justices in same-sex marriage ruling studied

Jesse Choper quoted on ABC 7 News, June 26, 2015

“He covered every base. He covered the due process clause. He covered the equal protection clause. It’s a long opinion and it simply confirmed what those who consider themselves professionals in the area knew already,” … Jesse Choper said.

U.S. Supreme Court legalizes gay marriage

Jesse Choper quoted in San Jose Mercury News, June 26, 2015

Jesse Choper said the ruling represents “the end of the legal battle … You cannot treat same-sex couples any differently than opposite-sex couples. Period.”

Supreme Court same sex marriage ruling could impact California law

Jesse Choper interviewed by NBC Bay Area, June 24, 2015

If the Supreme Court rules in favor of gay marriage bans, Choper says it will be up to California itself to decide what is and is not state law. … “My guess is they’ll say … [Proposition 8] is the law of California, and there will be no gay marriage in California unless you change—you the people of the state or the state legislature—change the law,” Choper said.

Sorry, protesters: Oakland is right to impose new rules

Jesse Choper quoted in San Francisco Chronicle, May 28, 2015

“Government restrictions have got to be reasonable,” added Professor Jesse Choper. … “They can restrict what (protesters) are carrying, whether it’s a garbage-can lid or weapons of mass destruction,” Choper said. “You can’t hold a peaceful antiwar march on the Bay Bridge in the middle of the afternoon, so I think the burden of proof will be on the city to show these are reasonable restrictions.”

Satanic temple sues to save abortion

Jesse Choper quoted in The Daily Beast, May 8, 2015

Jesse Choper … isn’t convinced that the group has the case in the bag…. “There is no right to an exemption for religion unless the state law singles out religion for adverse treatment,” says Choper. “But it does not single it out, it applies to everybody no matter their religion or lack of religion. It says anyone who wants abortion has to wait 72 hours.”

Chief Justice John Roberts in hot seat in health-law case

Jesse Choper quoted in The Wall Street Journal, March 3, 2015

Jesse Choper said it is “wholly legitimate” for Chief Justice Roberts to consider the real-world impact of his vote, regardless of his best reading of the statutory text. “He is the chief, and part of his mission is to preserve the integrity of the court, and to preserve at least its appearance of impartiality,” Mr. Choper said.

Supreme Court to hear ‘national security’ case of visa denial

Jesse Choper quoted in San Francisco Chronicle, February 21, 2015

With daily headlines about beheadings and suicide bombings by the Islamic State, “the world today is an awfully scary place,” and Din has “an uphill battle,” said Jesse Choper.

Justice Thomas objects to Court’s signal on gay marriage

Jesse Choper quoted in The New York Times, February 9, 2015

“If you read the tea leaves the Supreme Court is leaving,” said University of California-Berkeley law professor Jesse Choper, “the bans on same-sex marriage can’t be permitted. They’re unconstitutional.”

Experts question probate judge association’s same-sex marriage claims

Jesse Choper quoted in Montgomery Advertiser, January 26, 2015

Jesse Choper, a professor at UC Berkeley School of Law, agreed, saying that if Granade’s decision stood, and if a probate judge refused to grant a marriage license to a couple, “it seems to me they’re in violation of their oath to uphold the U.S. Constitution.”

9th Circuit en banc panel to consider if state artwork law violates Commerce Clause

Jesse Choper quoted in Daily Journal (registration required), November 3, 2014

“I don’t think it violates the dormant Commerce Clause,” Choper said. “The burden of the tax falls exclusively on California citizens. This is not a state tax that’s trying to soak out-of-staters. To me that makes a big difference.”

What’s next in the fight over same-sex marriage?

Jesse Choper quoted on, October 7, 2014

If you ask University of California, Berkeley, law professor Jesse Choper, there’s only one way to put the issue to rest. “This will only authoritatively be decided by the U.S. Supreme Court,” he said.

Challenge to landmark housing law

Jesse Choper interviewed on Bloomberg, October 2, 2014

The intent of the law was to stop racial segregation. The question is, how do you determine whether discrimination is deliberate or not? That’s a pretty subtle question and it very often turns on who has the burden of proving that.

Councilman to propose bill to regulate costumed characters soliciting in Times Square

Jesse Choper quoted in The New York Times, September 8, 2014

“People do have a right to talk to people,” Mr. Choper said, “and you do have a right, if you aren’t blocking anyone’s path, to say, ‘Would you consider giving me some money?’”

Judge ends marriage equality’s undefeated streak since SCOTUS ruling

Jesse Choper quoted in Talking Points Memo, August 11, 2014

“As for what it all means, I think the simple answer is that the fact that one trial judge in one state issues an opinion is wholly insignificant,” said Jesse H. Choper.

Ticket me Elmo? NYC mulls law for impersonators

Jesse Choper quoted in Associated Press, July 30, 2014

“If you can prove that they are there to seek money, not simply conveying a message … they are subject to greater regulation,” said Jesse Choper.

What are the implications of the most recent Supreme Court decisions?

Jesse Choper interviewed on KALW-FM, Your Call, June 30, 2014

“I don’t think that anybody made light of the fact that the issue of freedom of choice is a very, very important one for women and for other people as well. But I think you want to remember that the Supreme Court was willing to assume that it was a compelling interest.”

Not holding their tongues: can the commencement speech be saved?

Robert Cole and Jesse Choper quoted in California Magazine, May 28, 2014

“Honorary degrees expose universities to a broader range of objection,” Cole says. “A university may not agree or disagree with a person’s speech, but an honorary degree is an endorsement of that person.” He believes universities should set public criteria for giving out honorary degrees, and steer away from awarding them to people merely because they are famous.

Jesse Choper chalks up a lot of these commencement speech issues to political correctness. “That’s why I’m not a fan,” he says. “I think it’s important to have a variety of views.” To this day, he remembers a small group that tried to hijack a Berkeley law school graduation in the 1990s by hiring a plane to fly a banner over the ceremony to protest the ban on affirmative action. “I don’t think it was effective at all,” Choper says.

Federal judge rules same-sex marriage ban in Pennsylvania is unconstitutional

Jesse Choper quoted on CNN, May 20, 2014

For several of these states, appeals courts already have begun hearing arguments for and against. Whatever their opinions are, University of California-Berkeley law Professor Jesse Choper says, “the Supreme Court is ultimately going to decide.”

Could Donald Sterling succeed in a legal fight against selling the Clippers?

Jesse Choper quoted in The Christian Science Monitor, May 8, 2014

The remarks were recorded illegally and disseminated without Sterling’s consent, says Jesse Choper, a constitutional specialist. Therefore, he says, they might not meet the NBA constitution’s admonition that “an owner will not take any position or action that will materially and adversely affect a team or the league,” as ESPN puts it. “This was a confidential conversation with a lady friend: He certainly wasn’t taking any position, and he never made it public,” Mr. Choper says. “The key words are ‘position’ and ‘action.’”

Donald Sterling: Will it be hard to force him out of NBA?

Jesse Choper quoted in The Christian Science Monitor, April 29, 2014

“It seems clear to me that Silver has recognized substantial difficulty in forcing [Sterling] to sell against his will, and there are several interpretations of the NBA rules that might lend themselves to that,” says Jesse Choper…. “Some of the rules are not clear and would take only a court to decide. My guess is they are hoping he will realize he can make a nice profit by selling, and that he will.”