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24 May 2023, 7:40 am
(The most stimulating of these was Neil Buchanan and Michael Dorf's paper on the presumed constitutional "trilemma. [read post]
22 May 2023, 9:01 pm
Yesterday, Professor Michael Dorf and I wrote here on Verdict that President Biden’s fundamental tendency toward caution and centrism were leading the White House astray, causing the President to offer weak excuses for refusing to recognize that the debt ceiling law is unconstitutional. [read post]
21 May 2023, 9:00 pm
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]
20 May 2023, 5:46 pm
“Against Incommensurability in the Prop 12 Case and Beyond”: Michael C. [read post]
18 May 2023, 9:01 pm
Dorf is the Robert S. [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]
17 May 2023, 9:02 pm
” Professor Tribe described having read some scholarship that I have co-authored with my Verdict colleague Michael Dorf, which Tribe described as “the most insightful literature on the debt ceiling,” and he ably laid out our arguments not only from the law review article to which his article links but from other pieces of our work as well. [read post]
17 May 2023, 4:54 am
by Michael C. [read post]
16 May 2023, 9:01 pm
Even that, however, would not help Republicans.Let us imagine that the White House follows the Buchanan-Dorf plan and tells the Treasury to keep calm and carry on. [read post]
15 May 2023, 9:05 pm
Buchanan & Michael C. [read post]
14 May 2023, 9:00 pm
Accordingly, in an accompanying essay on the Dorf on Law blog, we work through some further details about how the debt ceiling statute would treat premium bonds. [read post]
14 May 2023, 2:31 pm
(Here again, I’m indebted to Mike Dorf.) [read post]
11 May 2023, 6:30 am
(Michael Dorf and Neil Buchanan have been pointing all this out for some time.)Section 4 of the Fourteenth Amendment (“14.4”) says: “The validity of the public debt of the United States, authorized by law . . . shall not be questioned. [read post]
10 May 2023, 6:02 am
by Michael C. [read post]
8 May 2023, 9:01 pm
The constitutional crisis caused by the Republicans’ attempts at extortion via the debt ceiling has now increased from a simmer to a boil. [read post]
8 May 2023, 4:20 am
by Michael C. [read post]
7 May 2023, 9:00 pm
Dorf is the Robert S. [read post]
5 May 2023, 9:57 am
Dorf has this post at “Dorf on Law. [read post]
2 May 2023, 2:36 pm
Dorf has this post at his blog, “Dorf on Law. [read post]
1 May 2023, 9:01 pm
As we explain in an accompanying essay on Dorf on Law, we got all of the technical points right, while our critics got nearly everything wrong.Details aside, we emphatically reject the claim that we would ever consciously try to deceive our readers. [read post]