Constitutional Law
Aug. 15, 2003
In the Balance
Forum Column - By Erwin Chemerinsky - Every law student learns that the outcome of constitutional cases concerning individual liberties and civil rights depends on the level of scrutiny used by the court. Three decades ago, Stanford law professor Gerald Gunther wrote that strict scrutiny usually is "fatal in fact," while the government almost always wins under rational-basis review.
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
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