Erwin Chemerinksy, a law professor at Duke University, talked to students and factulty at N.C. State about the future of Constitutional law in honor of the 210th anniversary of the signing of the Constitution.
Chemerinsky spent 21 years at the University of Southern California, until 2004 when he began working at Duke University in Durham. He accepted a contract Sept. 4 to become the dean at the University of California-Irvine’s law school, but UC-Irvine’s chancellor, Michael V. Drake, personally retracted the offer. However, the offer has been re-extended, according to Chemerinsky.
He said the Chancellor told him he had to rescind his offer because he wouldn’t be approved by the Conservative UC Board of Regents.
“I was upset, and when they reinstated the offer I was hesitant,” he said in an interview.
Although the experience was trying, Chemerinsky said he is looking forward to his new position at U.C.I.
Chemerinksy, who the online magazine Legal Affairs named one of “the top 20 legal thinkers in America,” has argued cases before the U.S. Supreme Court, such as Van Orden v. Perry, where he challenged the constitutionality of a Ten Commandment monument on Texas State Capitol grounds.
The event was originally scheduled to be held at Winston Hall, but due to the large number of attendees, it was moved to Withers 232.
Amanda Ganes, a freshman in First Year College, attended Monday’s lecture.
“Someone as high up as the dean needs to be more neutral in their political views,” she said. “But I think it’s really cool that someone as [high-ranked] and as smart as he is came to N.C. State.”
According to Chemerinksky, the Supreme Court has become more conservative in the past few years, strongly affecting abortion, desegregation of the school system and the separation of church and state.
Providing a court case and date to back every opinion, Chemerinksy noted that because of these changes, some women won’t have access to a safe opportunity for abortion and the legacy of discrimination will continue.
Chemerinksy said religious symbols on government property don’t violate the Constitution — not even witchcraft.
Almost every court case he named was based on a 5 to 4 majority opinion, with the same Supreme Court justices being the majority.
When asked how to avoid 5 to 4 decisions in the future, Chemerinsky said, “I’ll give a sarcastic answer. We could have an 11 person court and have a 6-5 decision or a 13 person court with a 7-6 decision.”
“The health of the U.S. Constitution on the 210th Anniversary is a robust and strong civil religion because it does unite us, but we are losing liberties little by little over time,” Chemerinksy said.
He added that the court favors the government over individuals and businesses over employees and consumers which adds to the concern of fundamental individual liberties.
According to Michael Weisel, who teaches constitutional law, “Chemerinksy is a brilliant constitutional scholar whether you agree with his views or not.”
