Southwestern Law School, Los Angeles, California, Oct. 26, 2022 (GLOBE NEWSWIRE) -- Southwestern Law School celebrated Constitution Day 2022 by gathering to hear Dean Erwin Chemerinsky’s riveting analysis of constitutional originalism, the view that the U.S. Constitution’s meaning is fixed, and why he believes that mode of constitutional interpretation is undesirable and dangerous. During the presentation, which focused on his new book, Worse Than Nothing: The Dangerous Fallacy of Originalism, published by Yale University Press in September 2022, Dean Chemerinsky illustrated how the Supreme Court is poised to overturn long-held precedent.  

Dean Chemerinsky questioned the originalist premise that the only fundamental rights are those contained in the Constitution’s original text or within its original meaning. Under an originalist reading of the Constitution, rights considered by many to be basic to American life, including the right to marry, procreate, buy birth control, and refuse lifesaving medical treatment, cannot be justified because they are not included within the Constitution’s literal text. Accordingly, they are all in jeopardy. 

I was serious when I introduced Dean Chemerinsky as “the GOAT“ (greatest of all time) of constitutional law. Southwestern was fortunate to have such a brilliant and renowned scholar as our 2022 Constitution Day speaker. (Darby Dickerson — Southwestern's President & Dean)

One of the most thought-provoking segments of Dean Chemerinsky’s talk occurred when he described originalism’s primary defect: evaluating contemporary issues based on a document created in the context of an agricultural slave society and the standards of the late 1700s. 

During the question-and-answer session, a student asked Dean Chemerinsky if he had any predictions for this term’s Supreme Court decisions. Dean Chemerinsky expressed the most concern about the outcome of Moore v. Harper.

In North Carolina, computer-assisted gerrymandering enabled a Republican-controlled legislature to create a map that gave Republicans 11 of the state’s 14 congressional districts. Chemerinsky fears that the U.S. Supreme Court will overturn the N.C. Supreme Court's finding that the gerrymandering violated the North Carolina Constitution.  

In Moore, the Republican legislators advance an “independent state legislative theory” to argue that the state legislature holds exclusive authority over all aspects of elections, including allocating presidential electors. Chemerinsky cautions that if the Court accepts this and rules that N.C. state courts cannot enforce the state's constitution, "the country falls apart" because the legislature could substitute their electors in place of those supported by the popular vote and thus negate the people’s will.

After several students expressed frustration that some decisions from the last term, especially Dobbs, were decided on political and not legal bases, Dean Chemerinsky reminded them of Martin Luther King, Jr.'s quote that "the arc of the moral university is long, but it bends toward justice" and encouraged them to take a long view of their work on matters of law and policy. 

The last student to pose a question exclaimed that she felt like she had just "attended constitutional church" and was uplifted. Without missing a beat, Dean Chemerinsky jokingly chanted, "Separation of church and state!" The audience then sent Dean Chemerinsky off with an enthusiastic standing ovation.

 Visit Southwestern's blog to replay the live stream and see photos of Constitution Day 2022.

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Erwin Chemerinsky is Dean, and Jesse H. Choper Distinguished Professor of Law, at U.C. Berkeley School of Law. Before assuming his current position, he was the founding dean of the University of California, Irvine School of Law, and a professor at Duke Law School, University of Southern California Law School, and DePaul Law School. He is the author of 15 books and over 200 law review articles.  He frequently argues appellate cases, including in the United States Supreme Court.  He is the 2022 President of the Association of American Law Schools.

Southwestern Law School has been at the forefront of legal education for more than 110 years. Founded in 1911, Southwestern Law School is the only ABA-approved law school offering five  J.D. courses of study differing in scheduling and instructional approach, including traditional full- and part-time programs. Its two-year accelerated program (SCALE) is the best-attended and longest-running program of its kind. Its urban campus includes the landmark Art Deco Bullocks Wilshire building and LEED-certified student residences. Southwestern graduates are well-rounded, entrepreneurial, community-minded, and prepared for practice. Take the virtual tour.

Attachments

• Image of Erwin Chemerinsky at Southwestern Law School's podium.
• ConDay 2022 at Southwestern Law School

Hillary Kane
Southwestern Law School
210.605.6438
HKane@swlaw.edu