Dean Chemerinsky's outrageous claims in his amicus brief regarding Arpaio's pardon, Part III - Chemerinsky is yet another "legal scholar" who is still in a longterm "peaceful slumber"

I recently wrote about a federal appellate judge, Richard Posner, who claimed he was has recently emerged from a 35-year (!) "slumber" and now claimed that his court (which he headed for many years) actually has a policy of discriminating against pro se appellants.

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

is not just hypocrisy, but is CRUEL hypocrisy, because, as majority of civil rights litigants (especially pro se civil rights litigants, discriminated, as Judge Posner admitted, by federal appellate courts) know, they have no chance to beat through the brick wall of

• immunities;
• abstentions;
• comities;
• deferences; and
• other judicially created "doctrines" which

1) unlawfully restrict jurisdiction of federal courts contrary to what is provided by the Civil Rights Act,

2) deny redress to nearly ALL victims of constitutional violations in the United States; and, moreover,

3) that those courts whose supposed duty is to ensure right to redress for constitutional violations by public officials instead routinely PUNISH victims of such constitutional violations by making them pay attorney fees and court costs of PERPETRATORS of such violations - because those victims dared to invoke the Civil Rights Act in disregard to judicially created barriers to civil rights litigation.

It is disgusting, #ErwinChemerinsky, to laugh in the face of victims of judicial, police and prosecutorial misconduct who were not only denied redress of their injuries, but were made to pay attorney fees for their "immunity-covered" perpetrators, by quoting Marbury v Madison as a "guiding principle" of modern U.S. Courts:

"The very essence of civil liberty consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.  One of the first duties of government is to afford that protection...  The government of the United States has been emphatically termed a government of law and not of men.  It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested right...".