9th U.S. Circuit Court of Appeals
Nov. 12, 2013
Who is a gang member?
The 9th Circuit recently imposed long-overdue limits on the use of gang injunctions. By Erwin Chemerinsky
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
In a narrow, but important decision, the 9th U.S. Circuit Court of Appeals has imposed long-overdue limits on gang injunctions. In Vasquez v. Rackauckas, 2013 DJDAR 14776 (Nov. 5, 2013), the court held that some process is required to determine who is covered by a gang injunction. This is a result supported not only by the requirements of due process of law, but also by basic fairness and just common sense.
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