In the News

Jesse Choper in the news:

How could the next president reshape the Supreme Court?

Jesse Choper interviewed by CBS News, Jan. 5, 2016

“If you were to replace one of the conservatives, Kennedy or any of them, with a liberal, then you would have a radical change going forward and you may even have some changes going backwards,” said Choper, who pointed out that a court with a liberal majority could reverse earlier cases.

9th Circuit panel reverses judge’s decision declaring state death penalty unconstitutional

Franklin Zimring and Jesse Choper interviewed by Daily Journal, (registration required), Nov. 13, 2015

Zimring noted that the effort was not for naught, as its “legacy in relationship to death penalty politics is likely to be substantial.” While all previous attempts to “slow down the death penalty” had been procedural and incremental, this case was a “big picture, comprehensive attack,” he said.

“If I were a 9th Circuit judge, I’d have done the same thing,” said Jesse H. Choper. … “While the systemic delays may ultimately be unconstitutional, only the United States Supreme Court can say so.”

Berkeley law professor: Huckabee’s reference to precedents ‘way off-base’

Jesse Choper interviewed for The Garden City Telegram, July 31, 2015

Jesse Choper … said in a phone interview Friday that Huckabee’s statement was “way off-base,” adding, “it does rival Donald Trump. I think he’d better more carefully examine what he’s saying, because it is totally unprecedented.”

State Senate resolution urging UC to condemn anti-Semitism draws objections over language

Jesse Choper quoted in The Daily Californian, July 5, 2015

Because of the characterization of SCR 35 as a resolution, it does not have the force of law, which means it places no restrictions on speech. According to Jesse Choper … the legislature can take most kinds of symbolic action as long as it doesn’t amount to telling citizens what they can and cannot do.

Supreme vitriol in high court’s dissent

Jesse Choper quoted in San Francisco Chronicle, July 4, 2015

Choper said the current court consists of nine justices who are “all very smart, and they write strong opinions.” They also are, he added, “highly polarized and highly partisan” even as they profess to “get along famously” on a personal level.

Kennedy key to Supreme Court’s leftward lean this term

Jesse Choper quoted in San Francisco Chronicle, June 30, 2015

Throw in the health care case, a 6-3 ruling last week upholding insurance subsidies for 6.4 million low- to middle-income people in 34 states, and you have “the biggest year for the liberals in many that I can remember,” said Jesse Choper.

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.