Constitutional Law
Dec. 19, 2009
Religions Have No Immunity From Criticism
Erwin Chemerinsky of UC Irvine School of Law says grant of en banc review in Catholic League for Religious and Civil Rights v. City and County of San Francisco is puzzling.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
Usually the grant of en banc review by a federal court of appeals indicates that there is a difficult issue that requires the attention of the entire court. That is why the 9th Circuit's grant of en banc review in Catholic League for Religious and Civil Rights v. City and County of San Francisco, 567 F.3d 595 (9th Cir. 2009), is so puzzling. This is an easy case decided correctly by the panel and standing for the unremarkable proposition that th...For only $95 a month (the price of 2 article purchases)
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