Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional law and related subjects. Professor Dorf blogs at Dorf on Law.

Columns by Michael C. Dorf
Immigration Case Exposes 800-Year-Old Rift on Supreme Court
Updated:

Cornell University law professor Michael Dorf discusses the U.S. Supreme Court’s decision, released earlier this week, in Kerry v. Din, in which the Court rejected a claim that a U.S. citizen was entitled to a detailed explanation of why the government would not allow her husband a visa to enter the country.

Why Can Clergy Opt Out of Same-Sex Marriage?
Updated:

Cornell University law professor Michael Dorf considers the intricacies of a question Justice Antonin Scalia posed during last week’s oral argument in the same-sex marriage cases—whether, if the Court finds a constitutional right to same-sex marriage, clergy who will not officiate at same-sex weddings must thereby forfeit the power to officiate at opposite-sex weddings.

What Same-Sex Marriage Teaches About Social Change and the Supreme Court
Updated:

Cornell University law professor Michael Dorf describes the journey of the issue of same-sex marriage that has led to its reaching the U.S. Supreme Court this Term. Dorf explains what this path says about the relationship between social change and legal change.

Economic Libertarian Constitutionalism Never Really Died
Updated:

Cornell University law professor Michael Dorf argues that modern constitutionalism supports economic libertarianism, due not only to judicial decisions but also the very structure of the Constitution. Dorf responds in part to a recent book review by Professor Suzanna Sherry, published in the March issue of the Harvard Law Review, that is highly critical of Professor Richard Epstein’s book The Classical Liberal Constitution.

Did Federalism Rescue Obamacare?
Updated:

Cornell University professor Michael Dorf discusses last week’s oral arguments in King v. Burwell, the case in which the U.S. Supreme Court is expected to decide the fate of the Affordable Care Act (Obamacare). Dorf contends that there are three distinct arguments through which the government could successfully defend the law if the Court finds the language of the statute unclear.

The Obama Administration’s Remaining Options for Executive Action on Immigration
Updated:

Cornell University law professor Michael Dorf discusses the Obama Administration’s options in light of the recent decision by a federal district judge to enjoin implementation of deferred action for several million undocumented immigrants.

The Question Is How, Not Whether, the Supreme Court Will Find a Right to Same-Sex Marriage
Updated:

Cornell University law professor Michael Dorf argues that the U.S. Supreme Court is likely to recognize a right to same-sex marriage in a ruling this term and discusses the different theories on which the Court could do so.

Nebraska and Oklahoma Take Colorado to the Supreme Court Over Legalized Marijuana
Updated:

Cornell University law professor Michael Dorf discusses a lawsuit filed in the U.S. Supreme Court by Nebraska and Oklahoma against Colorado, alleging that the latter state’s legalization of marijuana undermines their ability to maintain their own prohibitions of the substance.

Ebola and Civil Liberties: Lessons From Gitmo
Updated:

Cornell University law professor Michael Dorf analogizes the authority of the government to enact quarantine measures to its authority (as established under Supreme Court precedents) to detain unlawful enemy combatants. Dorf argues that while courts are likely to reject the most outrageous detention policies, they are unlikely to reject policies simply for being misguided or unwise.

How the Supreme Court’s Inaction on Same-Sex Marriage Echoes Its Conduct in the Civil Rights Era
Updated:

Cornell University law professor Michael Dorf highlights similarities and differences between the U.S. Supreme Court’s inaction during the Civil Rights Era and presently, with regard to the issue of same-sex marriage.