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

Congressional Power to Immunize the President Against State Court Litigation

3/26/18  //  In-Depth Analysis

Thoughts on a thus-far-hypothetical question

Michael C. Dorf

Cornell Law School

Is Marriage a Fundamental Right 'in Equal Protection'

3/22/18  //  In-Depth Analysis

Would it be unconstitutional for a state to abolish marriage as a legal status for everyone?

Michael C. Dorf

Cornell Law School

Even If McCabe Committed Wrongdoing, He Was Likely Fired for 'This Russia Thing'

3/20/18  //  Commentary

The firing of James Comey closely parallels McCabe's firing

Michael C. Dorf

Cornell Law School

Hamilton Versus Trump

3/15/18  //  Commentary

'Talents for low intrigue, and the little arts of popularity'

Michael C. Dorf

Cornell Law School

Do 18 Year Olds Have a Constitutional Right to Guns?

2/27/18  //  Commentary

What would real intermediate scrutiny of firearms regulations look like?

Michael C. Dorf

Cornell Law School

The First DACA Rescission Was Arbitrary and Capricious. Will the Next One Also Be?

2/16/18  //  Commentary

Should Congress adopt a permanent fix to DACA in the coming days, the preliminary injunction will prove unimportant. But given deep divisions within and among the parties, that is hardly a sure thing. Accordingly, the ruling warrants careful study.

Michael C. Dorf

Cornell Law School

My New Article on Jurisdiction Stripping -- And Why It's Timely

2/6/18  //  In-Depth Analysis

The president, acting alone, has no power to override the courts, but with the aid of a compliant Congress, he can do quite a bit.

Michael C. Dorf

Cornell Law School

The Overlap Between Impeachment and the 25th Amendment

1/9/18  //  Commentary

These are different mechanisms for achieving overlapping goals.

Michael C. Dorf

Cornell Law School

Trump Threat To Sue Over 'Fire & Fury' Includes Bogus Inducement to Breach Claim Re Bannon

1/8/18  //  Commentary

Can the author or publisher of a book be held liable for inducing the breach of a nondisclosure agreement (NDA)? Spoiler alert: The answer is almost certainly no.

Michael C. Dorf

Cornell Law School

District Court Tries Too Hard To Duck Emoluments Clause Case

12/27/17  //  Commentary

I did not expect that a federal district judge would simply fail to apply the law that currently binds him. Yet that's more or less what Judge Daniels did in dismissing the CREW emoluments case.

Michael C. Dorf

Cornell Law School