Erwin Chemerinsky oped in the Sac Bee:

From 2000 until 2018, I did a weekly radio segment with Eastman on the syndicated Hugh Hewitt show. We also had countless in-person debates offering competing views on constitutional issues. I value such exchanges and the chance to model the ability to disagree in a civil way.

But no longer will I accept any invitation where Eastman is also speaking. I urge my fellow professors to similarly boycott events where Eastman is provided a forum. I have never said this about anyone before, but never before have we had someone so actively try to overthrow our government…

According to Eastman, excluding electoral votes from these states would leave 232 electoral votes for Trump and 222 for Biden. Eastman says Pence should then rule Trump reelected.

“(T)here is very solid legal authority, and historical precedent, for the view that the president of the Senate does the counting, including the resolution of disputed electoral votes … and all the members of Congress can do is watch,” Eastman wrote.

There is absolutely no such legal authority or historical precedent.

Eastman’s memo says Pence could then say the matter should go to the House of Representatives, where each state delegation would get one vote for president. Twenty-six state delegations in the House had a Republican majority. Thus, he expected they would select Trump.

Eastman concludes his memo by saying “Pence should do this without asking for permission — either from a vote of a joint session or from the Court.” According to Woodward and Costa, Trump relied on the Eastman memo to urge Pence to overturn the decision of the Electoral College.

Thankfully, Pence rightly concluded he had no such authority. Had Pence followed the Eastman prescription, American democracy would have ended.

Eastman was forced to resign from Chapman University but remains a featured speaker at academic conferences. I believe the California Bar, of which he is a member, should consider disciplinary actions, and I think it essential that other professors condemn Eastman’s actions.