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10 Feb 2017, 4:40 am
” At Justia’s Verdict blog, Michael Dorf also looks at Gorsuch’s views on nondelegation and judicial deference to administrative agencies, arguing that implementation of those views would “hobble the administrative state. [read post]
21 Apr 2016, 5:51 am
Commentary comes from Marty Lederman, who at Balkinization argues that, if the Court holds that Texas has standing to bring its lawsuit, the Court “should hold that the Secretary does have authority to confer work authorization on the DAPA aliens, all of whom have already demonstrated that they are likely to remain in the United States, and most of whom are already working, albeit not ‘above board’”; Beth Werlin, who at Immigration Impact addresses the issue of… [read post]
11 Dec 2019, 4:05 am
” Briefly: At Justia’s Verdict blog, Michael Dorf suggests that the newest case on the court’s merits docket, Carney v. [read post]
30 Jul 2008, 12:08 pm
Go figure.Posted by Mike Dorf [read post]
24 Jan 2019, 4:14 am
” At Verdict, Michael Dorf explores the recently mooted issue that the Supreme Court had been set to consider in Department of Commerce v. [read post]
16 May 2019, 4:12 am
At Justia’s Verdict blog, Michael Dorf writes that “[a]lthough the majority opinion repeatedly invoked Founding-era sources, … it nonetheless departed sharply from the brand of originalism that Justice [Clarence] Thomas and his fellow conservatives purport to favor. [read post]
17 Jan 2023, 6:30 am
Dorf Constitutional law mostly comprises the rules and standards that courts purport to derive from the constitutional text, as informed by original understanding, historical development, judicial precedent, and normative considerations. [read post]
5 Oct 2021, 10:24 am
Professor Michael Dorf (here) and I (here, followup here) have both had some fun with the Eastman memo, which cited a Verdict piece that we co-authored with Professor Laurence Tribe last year. [read post]
30 Aug 2024, 9:05 am
But she is right, and it matters precisely because it could be Harris who has the most non-blockaded electoral votes and would thus be the winner.When this all came up in 2020, I co-authored a Verdict column with Professors Michael Dorf and Laurence Tribe: "No, Republicans Cannot Throw the Presidential Election into the House so that Trump Wins. [read post]
22 Nov 2024, 11:29 am
(For more, see esp. my Dorf on Law column last Tuesday.) [read post]
18 May 2023, 10:41 am
Some of the best were when I read a New York Times op-ed by a law professor named Michael McConnell this past Sunday, in which he repeated almost verbatim some weak arguments that he had made in 2012. [read post]
14 May 2023, 2:31 pm
(Here again, I’m indebted to Mike Dorf.) [read post]
20 May 2010, 8:09 am
Briefly: At Findlaw.com, Michael Dorf interprets the Comstock decision as signaling that the Court would uphold the healthcare mandate as constitutional, because eight Justices (the majority, plus Justice Scalia) revealed a willingness to extend federal power to areas that are not independently regulable. [read post]
6 Sep 2018, 9:01 pm
My Verdict colleague Michael Dorf recently addressed one aspect of the latter question, suggesting that there is a small but nontrivial amount of work that state supreme courts can undertake that would slow the US Supreme Court’s upcoming roll. [read post]
27 Feb 2013, 9:01 pm
The Debt Ceiling and the Sequester: Understanding the Differences Between Unilateral Presidential Action and Congressionally Mandated Arbitrariness In a Verdict column that I co-authored with Professor Michael Dorf last month, we summarized a series of articles that we have recently published in the Columbia Law Review. [read post]
6 Feb 2019, 9:01 pm
Senator Elizabeth Warren has been the most creative policy thinker in Washington ever since she arrived on the scene little more than a decade ago. [read post]
23 Apr 2015, 9:01 pm
In Part One, in the space below, we offer some reactions to the doctrinal analyses presented in a recent essay by Verdict columnist Michael Dorf. [read post]
4 Oct 2021, 9:01 pm
But as Professor Dorf explained early in 2013, that is simply not how administrative law works in the United States. [read post]
28 Apr 2019, 9:01 pm
For the past few months, here on Verdict as well as on Dorf on Law, I have been arguing that the conventional narrative about Democrats having moved to the “far left” is, in a word, nonsense. [read post]
18 Oct 2017, 9:01 pm
As Michael Dorf reminds us in his most recent column on Verdict, the controlling Supreme Court opinion says that the Second Amendment only applies to firearms in “common use,” which means that many different types of guns could be banned outright (as machine guns are now).Moreover, Dorf pointed out that the Supreme Court also held that “the Second Amendment protects a right of individuals to possess firearms in their homes for their personal use for… [read post]
