Erwin Chemerinsky, Author at The American Prospect

Will the Courts Enforce the Constitution Against President Trump?

If they don’t, the checks and balances that have defined our government since its inception will give way to one-man authoritarian rule.

This session’s rulings on voting rights have broken with recent trends.

A Prospect symposium on judicial review and the separation of powers

For all its imperfections, the Court is the one branch of government structured to protect minority rights.

What really matters is how Ketanji Brown Jackson can help turn American law in a more progressive direction decades from now.

Last Friday’s ruling on Texas’s new anti-abortion law makes it possible to undo long-established rights.

If Trump’s nominee is confirmed, we’ll have the most radically conservative Court since the early 1930s.

Presidents have no extra-constitutional powers during real emergencies, much less fictitious ones.

How Americans can move their country closer to majority rule

Kavanaugh, or his replacement, will be the fifth Republican justice sitting illegitimately.