In the News


Jesse Choper in the news:



Law prof doubts brief by prominent Republicans opposing Prop 8 will sway Supreme Court

Jesse Choper quoted in San Francisco Appeal, February 26, 2013

“It can’t hurt, but I doubt it’s going to help,” said Jesse Choper, a constitutional law professor and former dean at the UC Berkeley School of Law who teaches an annual course on Supreme Court cases. “Friend-of-the-court briefs ordinarily have virtually no impact at most,” Choper said…. An Obama Administration brief also wouldn’t make much difference to the court’s nine justices. “Everybody knows where he stands. It’s politics.”


Decision on gay ‘conversion therapy’ ban depends on other rulings

Jesse Choper quoted in Los Angeles Times, December 15, 2012

UC Berkeley constitutional law scholar Jesse Choper said the law faces “a steep uphill battle” on free speech grounds. “It is very hard to silence speech generally,” Choper said.


Oakland cop faces probe over comments

Jesse Choper quoted in San Francisco Chronicle, November 30, 2012

“The fact that he is commenting on a matter that is public concern—the lawsuit—and not simply on his own, will tend to be something that favors protection under the First Amendment,” Choper said. “What he has to overcome is the fact that he is making a comment on employment conditions, which is a matter of internal office affairs,” Choper added. “That, by itself, cuts against his claim that he’s protected by the First Amendment.”


Pastors challenge IRS rule with partisan talk

Jesse Choper quoted in California Watch, November 21, 2012

“There are lots of laws that aren’t enforced,” said Jesse H. Choper, a UC Berkeley law professor who specializes in church-state issues. “This is one of them.”


UC Berkeley law professor Jesse Choper receives award from state bar

Jesse Choper and John Yoo quoted in The Daily Californian, October 14, 2012

Choper said he feels humbled by the recognition. “I am very pleased to have received it,” he said. “I have studied the names who have received it in the past, and they all have very distinguished careers. I feel privileged and honored to join them.”

John Yoo, a professor at UC Berkeley’s law school, called Choper a “long-time servant” of the law school and the campus whose work studying judicial review and the rights of religious minorities has had a considerable impact on the legal community. “It is fair to say that in both fields, Choper has published leading works that have moved his field forward and influenced generations of scholars,” Yoo said in an email.


Affirmative action: Fisher case could have far-reaching effects

Jesse Choper quoted in The Daily Californian, October 9, 2012

The swing vote on the court is Justice Anthony Kennedy, said Jesse Choper, Earl Warren Professor of Public Law at UC Berkeley’s law school. “Kennedy is not the easiest justice to predict … if they’re going to get anyone on the right, they’re going to get Kennedy,” Choper said.


UC Berkeley law professor Jesse Choper receives award from state bar

Jesse Choper and John Yoo quoted in The Daily Californian, October 14, 2012

Choper said he feels humbled by the recognition. “I am very pleased to have received it,” he said. “I have studied the names who have received it in the past, and they all have very distinguished careers. I feel privileged and honored to join them.”

John Yoo, a professor at UC Berkeley’s law school, called Choper a “long-time servant” of the law school and the campus whose work studying judicial review and the rights of religious minorities has had a considerable impact on the legal community. “It is fair to say that in both fields, Choper has published leading works that have moved his field forward and influenced generations of scholars,” Yoo said in an email.


Affirmative action: Fisher case could have far-reaching effects

Jesse Choper quoted in The Daily Californian, October 9, 2012

The swing vote on the court is Justice Anthony Kennedy, said Jesse Choper, Earl Warren Professor of Public Law at UC Berkeley’s law school. “Kennedy is not the easiest justice to predict … if they’re going to get anyone on the right, they’re going to get Kennedy,” Choper said.


Could man linked with anti-Islam film be in trouble with the law?

Jesse Choper quoted in The Christian Science Monitor, September 19, 2012

The Justice Department will want to be deliberate, though, says Jesse Choper…. “They need to make sure they have a strong case and are not just doing it under political pressure,” he says. “They don’t want to bring him in and then have him released on some technicality.”


Jesse Choper on the judgment upholding the Affordable Care Act

Jesse Choper interviewed by myLaw.net, August 31, 2012

“It was extremely controversial, extremely close in both Houses of Congress and very much criticized by the very conservative wing of the Republican Party. There were immediately lawsuits filed to say it was unconstitutional and it reached the Supreme Court pretty quickly for a decision.” The most controversial and publicly discussed issue, he said, was the “individual mandate,” which provided that anyone who did not buy health insurance would have to buy health insurance.


Eminent domain home-loan plan creates ruckus

Jesse Choper quoted in San Francisco Chronicle, July 7, 2012

Jesse Choper, a constitutional law professor at UC Berkeley School of Law, says he believes the program is in the public interest. “All the law requires you to do is prove it’s reasonable,” he says.


Obama health law seen valid, scholars expecting rejection

Jesse Choper quoted in Bloomberg News, June 22, 2012

“There was certainly a lot of hostile questioning by the more conservative members of the court,” said Jesse Choper, a law professor at the University of California at Berkeley who described the court as likely to support the mandate. “It’s relatively straightforward—if they adhere to existing doctrine, it seemed to me they’re likely to uphold it.”


Report criticizes use of force at UC Berkeley’s Occupy protests

Jesse Choper quoted in Los Angeles Times, L.A. NOW, June 6, 2012

Jesse Choper, a law professor at UC Berkeley and chairman of the review board, said that despite the incident last November, UC Berkeley remains as sensitive to issues of free speech as any public institution in the country. “We all learn from experience and I think that we’ve had no shortage of protests on this campus in the last 50 years,” he said. “We learn from each one.”
This story appeared in a number of sources including San Francisco Chronicle and Associated Press.


Salinas-sponsored faith event concerns legal observers

Jesse Choper quoted in The Salinas Californian, May 21, 2012

“If this city event is singling out religion and/or religious teaching for favorable treatment, then I think there would be a strong argument to be made that what they are doing is unconstitutional,” Choper said.


Why California’s chief justice is taking on the Legislature

Jesse Choper quoted in The Christian Science Monitor, March 20, 2012

As CEO of the entire California judicial system, Cantil-Sakauye is just doing her job, says Jesse Choper, a constitutional scholar at the University of California, Berkeley, Law School, in an e-mail. “Making a polite but strong plea for adequate support of the judicial system is her job and not unusual in any way,” he says.


County staff researching public assemblage ordinance

Jesse Choper quoted in Eureka Times-Standard, March 10, 2012

While jurisdictions can’t completely close off public property such as streets or parks, he said they have the right to determine aspects such as what times protests can take place. He said some places choose to limit public assemblies to business hours. “Overnights present their own problems,” Choper said, adding that there can be safety concerns.


Signature gathering begins for anti-corporate personhood initiative

Jesse Choper quoted in Eureka Times-Standard, March 9, 2012

Choper said the city could pass a resolution in support of constitutional amendment—similar to the model that Move to Amend has made available to cities. “I don’t think it’ll accomplish much, but I don’t think it’s unconstitutional,” Choper said.


Santorum backs nullifying existing gay marriages

Jesse Choper quoted in San Francisco Chronicle, March 3, 2012

“You’d have to word it so it was perfectly clear,” said Jesse Choper, a UC Berkeley law professor who submitted arguments to the state’s high court against the retroactive application of Prop. 8. The amendment would have to declare that “marriages that were once valid are no longer valid,” he said.


Compton plans ballot measure on switching to voting by district

Jesse Choper quoted in Los Angeles Times, March 1, 2012

“It’s a pretty simply math problem,” he said. When a city has racially polarized voting and a minority group of voters, he said, “you get nothing in a citywide single district election.”


Jesse Choper Explains Warrantless ‘Exigent Circumstances’

The North Coast Journal Weekly of Politics, People & Art, February 23, 2012 by Zach St. George
http://www.northcoastjournal.com/news/2012/02/23/justice-ashes/

In cases when police don’t have time to get a warrant, Choper explained, there are circumstances that make it legally excusable to enter someone’s property warrantless. Those are called “exigent circumstances.” He also said that on the bomb squad’s way to the bomb, whatever evidence of other criminal activity that was in plain view would be usable in court.