Erwin Chemerinsky: Legislating Violations of the Constitution

wapo ^ | Saturday, September 30, 2006; 12:00 AM | Erwin Chemerinsky

[Checkers]

Special to washingtonpost.com

With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state. The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion.

A federal statute, 42 United States Code section 1988, provides that attorneys are entitled to recover compensation for their fees if they successfully represent a plaintiff asserting a violation of his or her constitutional or civil rights. For example, a lawyer who successfully sues on behalf of a victim of racial discrimination or police abuse is entitled to recover attorney's fees from the defendant who acted wrongfully. Any plaintiff who successfully sues to remedy a violation of the Constitution or a federal civil rights statute is entitled to have his or her attorney's fees paid.

Congress adopted this statute for a simple reason: to encourage attorneys to bring cases on behalf of those whose rights have been violated. Congress was concerned that such individuals often cannot afford an attorney and vindicating constitutional rights rarely generates enough in damages to pay a lawyer on a contingency fee basis.

Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior. Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution. Indeed, the potential for such suits deters government wrong-doing and increases the likelihood that the Constitution will be followed.

[Gay State Conservative]

Five bucks says that this Chemerinskty is either an atheist,a "reform" Jew or a Unitarian/Universalist.

(Not there's any difference between the three)

[jrooney]

Oh, the lame ignorant partisan Wilson Plame lawyer speaks. He is going to get his ass handed to him in a very big way if the Wilson Plame lawsuit makes it to trial. Oh, BTW how did this guy ever become so famous, since I can not think of one case of substance he has ever won.

[lonestar67]

Erwin also believes that private education in the United States should be made illegal so Christians can be compelled to attend public schools and get a 'proper education.'

I like how Erwin treats the establishment clause as a backwards civil rights guarantee to protect all Americans from religion. The Establishment clause was designed to protect state establishments of religion and prevent any measure of what Erwin is imagining. Erwin thinks the establishment clause is a private bulldozer suited to the demolition of all public religious institutions that can be demonstrated to have any connection to a tax base.

[Thud]

Brilliant hack.

[ThePythonicCow]

Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution.

And now Congress is rightly recognizing that attorneys bringing such actions are harming society's interest by restricting the free exercise of religion.

[Alia]

Erwin Chimerinsky is a socialist lawyer of the left. He has a unique way of misreading law.

[Dionysiusdecordealcis]

You can hear him regularly on Hugh Hewitt's radio program where he provides the ultra-liberal counterpart to John Eastman, one of Hewitt's colleagues at the Chapman?? Law School. Chemirnisky is one of the attorneys representing Guantanamo terrorists against the mean old US interrogators. He's argued some big name cases at the Supreme Court, I think.

He's a real peace o' work. But Hewitt is fair and likes to have the other side represented--and Chemirinsky is the other side for sure.

[stephenjohnbanker]

I never heard of the mook.

[Checkers]

the dark side

[stephenjohnbanker]

Replaced William Kunstler?

[Bloody Sam Roberts]

....enforcement of the First Amendment's separation of church and state.

Ummm....Erwin. I think you need to read the 1st Amendment a little more carefully. Try again.

[ARE SOLE]

Erwin Chemerinsky is red diaper communist who has an uncanny ability to be on the wrong side of every issue.

[Deo volente]

So far to the left that he fell off the scale.

I enjoy listening to Hugh Hewitt take him apart on a regular basis on his radio show.

[madinmadtown]

Erwin went to the University of Chicago lab school for high school; an interesting position for someone to take who went to such an elite institution.

[YOUGOTIT]

"The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion."

That is a flat out lie. The bill keeps the ACLU from using my tax money to destroy my country and to support the Islamic terrorist.

[mirkwood]

[Checkers]

We know he's a liberal.

[Checkers]

yep

[Checkers]

I don't know how brillant he is...

[Checkers]

yep

[LibertarianInExile]

Excuse me, Professor--where did the Constitution allow provision of litigants in ANY suit at law with free attorneys on the federal taxpayers' dime? I must have missed that!

[Checkers]

He's got a slight Marty Feldman thing going on with his eyes.

[Checkers]

"He's a real peace o' work"

Work?

[Checkers]

And he sounds like Michael Jackson when he speaks.

[Checkers]

yep

[Checkers]

I agree.

[Checkers]

Smoke 'em if you got 'em.

[Checkers]

You didn't miss a thing...

[William Terrell]

With all the legislation from Congress that violates the Constitution, Mr. Chemerinsky bitches about this one?

[Howlin]

Tell me what he was involved in lately -- why does that name ring a bell?

[Checkers]

Related link:

http://www.freerepublic.com/focus/news/1711632/posts?page=1

[Checkers]

Terrorists? ACLU?

[Howlin]

Terrorists? ACLU?

Even worse:

Punch here

[seasoned traditionalist]

FYI: Another name for BARF is Regurgitate.</p>

[TravisBickle]

. . .the First Amendment's separation of church and state.

He can't be referring to the United States Constitution.

[LiteKeeper]

undermines enforcement of the First Amendment's separation of church and state

How can you undermine enforcement of a non-existent prinicple? There is NO separation of church and state!

[maine-iac7]

That is a flat out lie. The bill keeps the ACLU from using my tax money to destroy my country and to support the Islamic terrorist.

Is this really the bill that will cut off the ACLU from our tax dollars?

If so, it may be the most important victory of the decade - does it now have to go the the Senate?

[Hawthorn]

> We know he's a liberal. <


No, he's a socialist.

[devolve]

[potlatch]

Now we can tell Kerry to go take a flying leap!!

[devolve]

[BookmanTheJanitor]

Five bucks says that this Chemerinskty is either an atheist,a "reform" Jew or a Unitarian/Universalist

....what I do know....is that Erwin is definitely not a male model.

[potlatch]

That one is a delemma, want him to hop on one foot across the page, lol, tumble like Murtha? Do a split with pom poms in his hands??

[Richard Axtell]

Hugh Hewitt understands the power of logic and reason, and of the original intent of the Constitution. He gives Chemerinskty a radio forum because he illustrates the "best" arguments that the left has, and those are mainly specious and misleading. Too often, Chemerinskty shows us why we are burdened by the modern liberal "activist" court, and why they do not care what original intent is, as they will argue against it when it suits their agenda, and yet bring up original intent when it suits that same agenda. This is more than disingenuous, it is intellectually corrupt, and a threat to the individual freedoms the Constitution protects.

[Alia]

My first time around with Chemerinsky was during CA's Prop 209 (repealing preferential affirmative action), specifically, clause 'c'. Chemerinsky asserted that if Prop 209 were voted into Law, women's rights would be rolled back a million years. Men would be permitted in girl's locker rooms, etc. There's been lots of incidences of Chemerinsky "involvements" in cases since then, usually and only those cases with MSM interest. Confirmation Hearings. Anti-Rumsfeld ism. Electoral voting. Blah de blah.

I've read many of his opinions since 1995. I don't think he's very bright. But what he knows how to do is focus upon a particular set of wordings and base an entire platform upon his interpretation of a wee point. And write VOLUMES about his interpretation. This then, markets him up into the prime-time media venues, and permits his allied coalition socialist groups something to "hang on to" and bang their pots about". He's usually wrong. And despite the fact that his opinions and intepretations turn out wrong, doesn't seem to matter to those who vaunt Erwin Chemerinsky.

[Alia]

He's got a slight Marty Feldman thing going on with his eyes.

Probably from too many years trying to keep one eye on signals from the ACLU and the other eye on signals from the DNC while standing in the spotlight. It happens, I hear...

[TravisBickle]

Tell me what he was involved in lately -- why does that name ring a bell?

I think he was one of the lawyers involved in the Wilson/Plame civil suit against Rove, Cheney and Libby.

[nonsporting]

...Erwin is definitely not a male model.

He prefers male models. I wonder if he's done any instant messaging recently.

[dixiechick2000]

There is NO way Kerry could be any gayer.