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Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

September 2, 2021

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Following the death of George Floyd, the nation focused attention on the enormous problems of police violence and racism in law enforcement, but there is a failure to put blame where much belongs: on the United States Supreme Court.

Many provisions of the Constitution exist to limit what police can do and to protect the rights of all of us, including those suspected and accused of crimes. Yet the court has done an ineffective, and indeed a poor job, of enforcing provisions of the Constitution intended to constrain the police. The Supreme Court has historically and consistently empowered the police to engage in racialized policing that especially harms people of color.

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