On Constitutional Crisis And The Current ‘Precarious’ Moment: Vince Chhabria

Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.

Because of my obsession with the judiciary, I have read, witnessed, and conducted countless interviews of judges over the years. And I’ll be honest: as interview subjects, judges are a mixed bag. Some can’t explain complex legal concepts in understandable ways. Others are too guarded, afraid of saying anything that might give rise to controversy—or recusal requests.

Fortunately, the judges I’ve interviewed for the Original Jurisdiction podcast have been great—and if you’ll indulge me briefly as I toot my own horn, part of this is because I’ve picked the right judges. I invite judges whom I know, based on my own interactions with them, to be thoughtful, thought-provoking, honest, and even fun.

My latest guest, Judge Vince Chhabria of the U.S. District Court for the Northern District of California, continued this tradition. While not addressing any pending cases or specific legal issues that might come before him, he spoke candidly and insightfully about a number of important subjects that are in the news today—including judicial activism, judge shopping, constitutional crisis, and the state of our democracy.

Thanks to Judge Chhabria for a lively and informative conversation. And thanks to him and his fellow federal judges for the important work that they do, day in and day out—which, as the past few weeks have reminded us, is essential to our democracy.

Show Notes:

• Vince Chhabria faculty bio, Harvard Law School

• The Problem With Multidistrict Litigation (featuring Judge Chhabria), Advisory Opinions

Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.

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Judge Vince Chhabria (official portrait)