Mueller Report Counterspin: We Still Don't Know Why Trump Denied Russian Interference

4/19/19  //  In-Depth Analysis

The Mueller Report could but won't be used as the basis for impeachment. Meanwhile, it leaves two fundamental questions unanswered.

Michael C. Dorf

Cornell Law School

Might the SCOTUS be Wrong in its Unanimous Ruling that Dead Judges Can't Judge?

3/3/19  //  Commentary

The decision is justifiable as a bright-line rule, but the case was not quite the no-brainer that the justices imagined

Michael C. Dorf

Cornell Law School

Is Trump's Emergency Unconstitutional or 'Merely' Illegal? And Does it Matter?

2/24/19  //  Commentary

And because Trump is a threat to constitutional democracy, the stakes over whether to call his bogus emergency 'merely' unlawful or also unconstitutional are non-trivial.

Michael C. Dorf

Cornell Law School

The Significance of Chief Justice Roberts Joining in the Stay of the Louisiana Abortion Law

2/8/19  //  Quick Reactions

So no, the abortion right is not safe. But it's not in quite as much immediate danger as one might have thought. And that's not nothing.

Michael C. Dorf

Cornell Law School

How Much of a Problem is the Senate?

11/12/18  //  In-Depth Analysis

I'd like to raise a few questions about the current bout of Senate skepticism that rests on first principles

Michael C. Dorf

Cornell Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?

7/19/18  //  Commentary

Would Justice Thomas really strike down federal legislation restricting abortion? We may soon find out.

Michael C. Dorf

Cornell Law School

Reinvigorating 'Defensive Crouch Liberal Constitutionalism' Part 1: Originalism and Searches

7/11/18  //  Uncategorized

I want to begin exploring ways in which liberals might try to defend what we value in the coming era of Supreme Court extreme conservatism

Michael C. Dorf

Cornell Law School

SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They're Not

6/26/18  //  Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

Michael C. Dorf

Cornell Law School

At SCOTUS, It's All About Taint

6/25/18  //  Commentary

The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.

Michael C. Dorf

Cornell Law School

A Brief and Obvious, But Nonetheless Necessary, Observation About Today's SCOTUS decision in the Ohio Voter Registration Case

6/11/18  //  Quick Reactions

I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.

Michael C. Dorf

Cornell Law School

Ducking Day at the SCOTUS

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School

Does the John Edwards Case Really Help Michael Cohen and Donald Trump?

5/8/18  //  In-Depth Analysis

The Campaign Finance violations trial of John Edwards for encouraging the payment of hush money to his paramour resulted in a hung jury. Is that a helpful precedent for Michael Cohen and Donald Trump in a potential Stormy Daniels case?

Michael C. Dorf

Cornell Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18  //  Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

Requiem for Reinhardt, Chief Justice of the Warren Court in Exile

4/6/18  //  Commentary

Reinhardt kept alive a powerful vision of the Constitution

Michael C. Dorf

Cornell Law School