Cornell Law professor Michael C. Dorf discusses the Department of Justice’s lawsuit seeking to block certification of Alaska’s U.S. Senate election because two candidates have nearly identical names, along with the broader question of whether states or Congress may act to reduce voter confusion about candidate identity consistent with the First Amendment. Professor Dorf argues that the DOJ suit is meritless on both the law and the facts, and that although prosecuting a same-name spoiler candidate would violate the First Amendment, counter-speech cannot reliably cure confusion about which candidate is which, so motive-neutral measures such as filing deadlines, ballot-access requirements, and ballot designations like “Incumbent” are valid.

Cornell Law professor Michael C. Dorf discusses the Supreme Court’s new Term, which looks relatively quiet, and the major legal changes the conservative supermajority has already made. Professor Dorf argues that the Court has largely finished dismantling the liberal-era precedents it targeted, leaving few blockbuster cases, though future changes depend on who appoints the next Justices.

Cornell Law professor Michael C. Dorf discusses the U.S. Civil Rights Commission’s final report on the federal response to campus antisemitism, examining both its bipartisan findings and the separate commissioner statements urging it to go further. Professor Dorf argues that the report’s nuanced approach—acknowledging administrators’ genuine difficulty balancing free speech with antidiscrimination law while criticizing the Trump administration’s pretextual and legally flawed enforcement efforts—is justified, and that calls for a broader scope or a formal antisemitism definition would be legally and practically misguided.

Cornell Law professor Michael C. Dorf discusses President Trump’s promise to send every adult U.S. citizen $5,000 if Republicans retain Congress in the midterms, examining both the legality of such a scheme and whether it deserves the “socialist” label some have attached to it. Professor Dorf argues that while the payments would likely be legal if authorized by Congress, they are almost certainly unfunded “vaporware” that—far from being progressive or socialist—would be financed through borrowing that fuels inflation, ultimately harming the poor the most rather than redistributing wealth from rich to poor as genuinely socialist proposals would.

Cornell Law professor Michael C. Dorf discusses President Trump’s executive order to rename Lake Ontario “Lake America,” explaining its political symbolism, historical ignorance, and legal limits. Professor Dorf argues that the order is unlawful because Congress delegated geographic-naming authority to federal agencies that must consider public and state interests, and that New York businesses and the state could sue under the APA to block it.

Michael C. Dorf discusses the extensive national news coverage to the University of Michigan’s decision to adopt a pass/fail grading policy for first-semester undergraduates. Professor Dorf argues that this routine administrative change became a national story because conservative culture-war narratives and the Trump administration weaponize such decisions to portray higher education as anti-meritocratic and overly permissive.

Cornell Law professor Michael C. Dorf discusses how incoming law students should approach AI use in law school, addressing academic integrity, exam and classroom policies, the Socratic method, and AI’s proper role in legal research and practice. Professor Dorf advises that students should follow institutional AI rules to avoid cheating classmates and clients, avoid using chatbots to shortcut genuine engagement with course material, rigorously verify any AI-generated legal research, and extend patience to instructors who are also adapting to unprecedented technological change.

Cornell Law professor Michael C. Dorf discusses the Board of Immigration Appeals’ request for amicus briefs on whether it must follow U.S. Supreme Court and circuit precedent on constitutional questions even when doing so would require finding a statute or regulation unconstitutional, a power agencies otherwise lack. Professor Dorf argues that while the two obligations can often be reconciled through careful distinctions (such as those between facial and as-applied challenges), he warns that a BIA now dominated by Trump appointees may exploit this tension in bad faith to consistently rule against immigrants, leaving the courts to correct any opportunistic or inconsistent application of these principles.

Cornell Law professor Michael C. Dorf discusses Chief Justice John Roberts’s characterization of citizenship as “the right to have rights” in his Trump v. Barbara opinion, tracing this formulation’s origins through Chief Justice Earl Warren’s 1958 opinions back to Hannah Arendt. Professor Dorf argues that Roberts’s claim is correct despite non-citizens holding many constitutional rights, because citizenship uniquely secures the right to remain in the United States and to avoid the harms of statelessness—making the phrase especially apt given the Trump administration’s attempts to strip birthright citizenship and its aggressive termination of protections like Temporary Protected Status.

Cornell Law professor Michael C. Dorf examines the Supreme Court’s 6-3 ruling in Landor v. Louisiana, which held that individual prison officials cannot be sued for damages under RLUIPA even after knowingly violating a Rastafarian prisoner’s religious freedom rights. Professor Dorf argues the majority opinion is constitutionally flawed and urges future litigants to plead the Commerce Clause as an independent basis for RLUIPA and similar Spending Clause statutes.

Cornell Law professor Michael C. Dorf examines the Democratic Senate primary in Maine, where progressive candidate Graham Platner—despite a compelling populist platform—has faced mounting scrutiny over a series of personal controversies including offensive social media posts, a controversial tattoo, and allegations of infidelity and abusive behavior. Professor Dorf argues that, while Platner’s character flaws are genuine cause for concern, Democratic voters can rationally support him in the general election against incumbent Susan Collins, because his flaws—more akin to Bill Clinton’s than Donald Trump’s—do not threaten constitutional democracy and should yield to the practical calculus of a binary electoral choice.

Cornell Law professor Michael C. Dorf discusses the settlement of a lawsuit between Donald Trump and the Department of Justice, which established a $1.776 billion “Anti-Weaponization Fund” and granted the Trump family permanent immunity from various tax claims. Professor Dorf argues that this arrangement constitutes a corrupt exploitation of the Federal Judgment Fund and urges Congress to implement structural reforms to prevent future presidents from bypassing the constitutional power of the purse through collusive litigation.

Cornell Law professor Michael C. Dorf discusses the Supreme Court’s role in enabling racial gerrymandering under the guise of partisan strategy and the resulting limitations of current legislative remedies like the Voting Rights Act. Professor Dorf argues that Congress should use its constitutional authority to mandate independent redistricting commissions or, more effectively, adopt a system of statewide proportional representation to ensure fair minority voice without using the specific racial classifications the current Court finds objectionable.

Cornell Law professor Michael C. Dorf discusses the Fifth Circuit’s decision in Nathan v. Alamo Heights Indep. School District, which disregarded Supreme Court precedent regarding the Establishment Clause. Professor Dorf argues that the Fifth Circuit improperly bypassed the Supreme Court’s exclusive authority to overrule its own precedents by unilaterally declaring Stone v. Graham dead.

Cornell Law professor Michael C. Dorf examines the Supreme Court’s ruling in Chiles v. Salazar, which applied strict scrutiny to Colorado’s conversion therapy ban as applied to a licensed talk therapist, including the strategic reasoning that led Justices Kagan and Sotomayor to join the conservative majority. Professor Dorf argues that neither the limiting principles the Court articulated nor Justice Kagan's concurrence provide coherent guidance, leaving professional regulation—especially of lawyers—dangerously exposed to First Amendment challenges.

Cornell Law professor Michael C. Dorf discusses the constitutional and policy dimensions of Trump v. Barbara, the Supreme Court case challenging Trump’s executive order restricting birthright citizenship, examining both the legal merits and the broader arguments for and against jus soli citizenship. Professor Dorf argues that the executive order is clearly unconstitutional under the Fourteenth Amendment’s Citizenship Clause, that the policy case for restricting birthright citizenship is empirically weak and practically disruptive, and that the real motivation driving the effort is racist “replacement” ideology rather than any legitimate demographic or governance concern.

Cornell Law professor Michael C. Dorf examines Judge Lawrence VanDyke’s notorious dissent in Olympus Spa v. Andretti—a Ninth Circuit case involving the constitutionality of applying Washington State’s transgender-inclusive public accommodations law to a women-only spa. Dorf argues that VanDyke’s opening phrase “swinging dicks” was not merely gratuitous and attention-seeking (in contrast to cases like Cohen v. California, where the use of profanity was justified), but reflected genuine anti-transgender bigotry that disqualifies it as legitimate judicial discourse and vindicates the ABA’s earlier finding that VanDyke was unfit for the bench.

Cornell Law professor Michael C. Dorf discusses the recent standoff between Anthropic and the Pentagon over Anthropic’s refusal to permit its AI tools to be used for mass surveillance or autonomous weapons, leading the Trump administration to designate Anthropic a national security supply-chain. Professor Dorf argues that while both mass surveillance and autonomous weapons deployment may already be unlawful under the Fourth Amendment and customary international law respectively, Anthropic had sound reasons to seek explicit contractual carveouts rather than rely on those legal limits—and that the Pentagon’s unwillingness to accept those carveouts raises the alarming inference that the administration intends to pursue both activities.

Cornell Law professor Michael C. Dorf discusses widespread speculation that Justice Samuel Alito may retire from the Supreme Court soon, examining both the evidence (particularly his book’s release date and strategic timing before the 2026 midterms) and the broader institutional problems this speculation reveals. Professor Dorf argues that the real issue is not the Supreme Court’s lack of transparency, but the combination of life tenure and ideological polarization, which creates an unhealthy obsession with Justices’ retirement timing and makes Supreme Court appointments depend on accidents of health and political calculations rather than a sensible democratic process.

Cornell Law professor Michael C. Dorf discusses Donald Trump’s lawsuit against the IRS over the unauthorized disclosure of his tax information by former IRS employee Charles Littlejohn, examining the legal basis and problems with the case. Professor Dorf argues that while the lawsuit has some factual merit, it should be dismissed because the damages claim of $10 billion is fantastical and implausible, Trump himself was responsible for IRS management during the breach, the case likely falls outside the two-year statute of limitations, and it represents an unprecedented and improper attempt by a sitting president to sue his own government for monetary damages.