Cornell University law professor Michael Dorf describes how the dissenting opinions by Justices Scalia and Thomas in Comptroller of the Treasury of Maryland v. Wynne are inconsistent with their prior methodologies for interpreting the Constitution in other contexts.
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.
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.
In light of recent controversy in Indiana and Arkansas over RFRAs, Cornell University law professor Michael Dorf discusses the nuanced question whether courts should interpret a general RFRA to apply in private litigation if the statute is silent on the matter.
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.
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.
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.
Cornell University law professor Michael Dorf explains why parents who choose not to vaccinate their children include people from both the libertarian right and the liberal left.
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.
Cornell University law professor Michael Dorf discusses the extent to which various forms of protest by NYPD officers do (and don’t) threaten to undermine civilian control of the police.
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.
Cornell University law professor Michael Dorf discusses a case in which the U.S. Supreme Court recently granted review to consider whether Texas may constitutionally deny an application for a custom state-issued license plate with a Confederate battle flag logo.
Cornell University law professor Michael Dorf comments on the scope and limits of prosecutorial discretion, as it relates both to President Obama’s executive action on immigration and the Michael Brown case.
Cornell University law professor Michael Dorf discusses some of the issues that will likely arise when the U.S. Supreme Court considers the statutory challenge to the Patient Protection and Affordable Care Act, or Obamacare, in the upcoming case King v. Burwell.
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.
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.
Cornell University law professor Michael Dorf discusses the constitutional basis for, and limitations on, the quarantine of individuals for public health purposes, such as to prevent the spread of Ebola.
Cornell University law professor Michael Dorf discusses Scotland’s recent vote to stay in the UK and considers the broader question of when secession votes should be held, as a matter of international and domestic law.
Cornell University law professor Michael Dorf comments on two recent rulings on state bans on same-sex marriage—one by the U.S. District Court for the District of Louisiana upholding that state’s ban and the other by the U.S. Court of Appeals for the Seventh Circuit striking down bans in Indiana and Wisconsin. Dorf explains how a comparison of these two rulings reveals weaknesses in the case against marriage equality.
In light of recent events in Ferguson, Missouri, Cornell University law professor Michael Dorf weighs the benefits and costs of equipping police officers with wearable cameras to record encounters with citizens. Dorf concludes that while there are some risks inherent in the practice, it would be a good first step toward reducing the frequency of tragedies resulting from police–citizen confrontations.