Professor Chemerinsky wanted to continue but it was determined that he had no independent right to intervene.

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Chemerinsky, on advice of the 9th Circuit, however, pledged to pursue a stand alone challenge to IRC 107.

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And so, Annie Gaylor and the FFRF picked up where Chemerinsky left off.

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Despite my pleadings with Chemerinsky over the years to fulfill his pledge, he just got too busy with other matters and never found his roundtoit.

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And the 9th Circuit called Chemerinsky into brief the constitutional issue.

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Getting the Roberts Court Right: A Response To Chemerinsky.

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The Ninth Circuit surprised everybody by asking the parties to start briefing on whether Code Section 107 was constitutional and appointing an amicus, Professor Erwin Chemerinsky, to make the argument that it was not.

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"A trial is like a jig-saw puzzle and closing argument is when the lawyers put the pieces together, " says Erwin Chemerinsky, a law school professor at the University of Southern California who has been following the case.

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