Apparently, we have another long-term "slumber" candidate - Dean Erwin Chemerinsky of Berkley Law School, California.
In his amicus brief claiming unconstitutionality of presidential pardon of Joe Arpaio, Dean Chemerinsky made an interesting claim:
And, that the President cut off the court's ability to provide such a redress to the victims by providing the pardon, lamenting that "[n]o President till now has proclaimed that a public official who violated the Constitution and flouted court orders was 'doing his job'".
Of course, other legal scholars already pointed out that when Article II paragraph 2 was put into the U.S. Constitution, it was well understood what exactly it is meant to do, and that it cuts off court-ordered redress for crimes.
But, what absolutely floored me is the hypocrisy with which Dean Chemerinsky flouted this supposed "right to redress" that the President supposedly violated when not allowing a biased court to sentence an elderly sheriff to prison after a completely crooked criminal proceeding, see my blogs about how the criminal case was handled here and here.
Let's go back to Chemerinsky's arguments.
Chemerinsky claims that "Article III courts have a duty to provide effective redress when a public official commits harm by violating the Constitution", moreover, that this "duty" was "guid[ing] the federal courts" since 1803.
My question to Chemerinsky and his team is - under which rock have they slept all this time?
Actually, one of Chemerinsky's attorneys who signed this interesting statement about "right to redress" as the supposed duty of federal ("Article III") courts is Larry A. Hammond who claims in his advertisement/ biography that he clerked for the U.S. Supreme Court Justices Hugo Black and Louis Powell.
As law clerks to federal judges, both of Chemerinsky's attorneys, as well as Chemerinsky himself as an attorney - who regularly represents judges - DO know that judges GAVE THEMSELVES a gift that absolves them from any liability for constitutional violations, and gradually gave the same or similar gifts to all other branches of the government.
Chemerinsky must know that to even say that:
- there is a right to redress for constitutional violations by public officials in the U.S., and that
- courts are "guided by their duty" to provide such redress to victims of such violations
- deferences; and
- other judicially created "doctrines" which