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12 Nov 2019, 9:01 pm by Michael C. Dorf
We would all do well to abandon the very concept of a demotion.Follow @dorfonlaw Michael C. [read post]
14 Feb 2022, 9:01 pm by Michael C. Dorf
Writing in The Atlantic in 2019 to review Joan Biskupic’s insightful biography of Roberts, Michael O’Donnell described a war within Roberts between, on one hand, his love for the Supreme Court and the federal judiciary as institutions, and, on the other hand, the conservative commitments Roberts formed during his youth and strengthened during the Reagan administration. [read post]
9 Jun 2020, 9:01 pm by Michael C. Dorf
One hopes but cannot be sure that we are not witnessing a case of plus ça change, plus c’est la même chose.A truly bold package of reforms would address institutional racism in all its forms, but even focusing narrowly on criminal justice, we can readily identify an emerging consensus for such measures as community policing, civilian review boards, demilitarization of police tactics, bail reform, an end to mass incarceration, and more. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
” Although one can never be certain of the outcome based on the questions asked at oral argument, the Court’s conservative super-majority seemed receptive to the Seventh Amendment rights claim of the respondents.In an essay on the Dorf on Law blog last week, I explained why the Supreme Court should reject the Seventh Amendment claim, even as I acknowledged that a majority probably will accept it. [read post]
20 Feb 2014, 9:06 am by Michael Dorf
The following contribution to our contraceptive mandate symposium comes from Michael C. [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As one of us (Dorf) explained in a column on May 10, “there’s a difference between ‘would be litigated’ and ‘would have to be litigated. [read post]
16 Apr 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Writing separately, we have suggested that a platinum coin that was deposited with the Fed would count as “debt” and thus would not even achieve the goal of keeping the US below the ceiling (Buchanan) and that advocates’ overly broad reading of the Coinage Act is likely a violation of the reasonableness requirement for agency interpretations that aim to fill statutory gaps (Dorf). [read post]
6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
As we described earlier this week in a column on Dorf on Law, there are various scenarios in which the debt ceiling at that point will be a political non-issue, with an incoming Republican President wanting to increase the debt ceiling and being joined either by a compliant Republican-dominated legislative branch or by a Democratic Party that would not be willing to hold the world hostage. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
The Affordable Care Act (ACA) makes its third trip to the Supreme Court today under the caption California v. [read post]