Supreme Court Debate
225 Bancroft Way
Berkeley, CA 94720
California-Berkeley Student Chapter
Speakers:
- Professor John Yoo, California-Berkeley Law
- Fred Smith, California-Berkeley Law
- Professor Jesse Choper, California-Berkeley Law
California-Berkeley Student Chapter
Speakers:
Earl Warren Professor of Public Law (Emeritus), UC Berkeley School of Law
Jesse Choper served as law clerk to Chief Justice Earl Warren of the U.S. Supreme Court following graduation from law school. He taught at the Wharton School of the University of Pennsylvania from 1957 to 1960, and at the University of Minnesota Law School from 1961 to 1965. He joined the Berkeley Law faculty in 1965. Choper has been a visiting professor at Harvard Law School, Fordham Law School, University of Milan, Free University in Amsterdam, Autonoma University in Barcelona, University of New South Wales in Sydney, University of Lucerne in Switzerland, and Catholic University of Portugal in Lisbon and Porto. He served as Berkeley Law’s dean from 1982 to 1992.
From 1979 to 1998, Choper was one of the three major lecturers at U.S. Law Week’s Annual Constitutional Law Conference in Washington, D.C. He has delivered 20 titled lectures at major universities throughout the country, including the Cooley Lectures at Michigan, the Stevens Lecture at Cornell, the Baum Lecture at Illinois, and the Lockhart Lecture at Minnesota. He has served on the executive committee of the Association of American Law Schools, and on the executive council of the American Academy of Arts and Sciences (of which he was vice president for more than ten years). He was national president of the Order of the Coif and is a member of the American Law Institute. In 1998 he received the UC Berkeley Distinguished Teaching Award and the Rutter Award for Teaching Distinction at Berkeley Law in 2006. In 2005 the Berkeley Law Alumni Association presented Choper with the Faculty Lifetime Achievement Award and the University of Pennsylvania Law School gave him the James Wilson Award, its highest award for alumni.
Choper’s major publications include the books, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, which received the Order of the Coif Triennial Book Award in 1982, and Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. His recent publications include the thirteenth edition of his Constitutional Law casebooks; the eighth edition of his Corporations casebook; the second edition of The Supreme Court and Its Justices; “The Political Question Doctrine: Suggested Criteria,” in Duke Law Journal (2005); “Wartime Process: A Dialogue on Congressional Power to Remove Issues From the Federal Courts,” in California Law Review (2007) (co-author); and “Who’s Afraid of the Eleventh Amendment? The Limited Impact of the Court’s Sovereign Immunity Rulings,” in Columbia Law Review (2006) (co-author).
Professor of Law, Stanford University
Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.
His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.
Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.
Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.