Dorf on Law @dorfonlaw Twitter profile

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Dorf on Law

1 month

Hooray for Justice Alito, feminist. No man should have the right to tell a woman--even one to whom he's married--how to use her flagpole, even if he is half-owner of that flagpole.

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Dorf on Law

@dorfonlaw

4 years

No disrespect to Vegas or Phoenix, but I'm hoping the coup de grace to the Republic's most execrable President comes from either Philly--where the American experiment began--or Atlanta--home of MLK & John Lewis, in either case delivered mostly by African American & female voters.

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Dorf on Law

@dorfonlaw

14 days

CJ Roberts: "Chevron’s presumption is misguided because agencies have no special competence in resolving statutory ambiguities." What?! If the ambiguity concerns, say, what level of a pollutant constitutes a substantial risk to health, expert agencies have greater competence.

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Dorf on Law

@dorfonlaw

4 years

Texas suffers no legally cognizable injury that warrants original jurisdiction in the Supreme Court. Allowing its case to proceed would invite a tsunami of such cases that would make it impossible for SCOTUS to perform its essential functions.

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Dorf on Law

@dorfonlaw

11 days

If I'm reading the Court correctly, President can openly accept bribes for pardons, because those fall within his "exclusive" authority. Good to know.

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Dorf on Law

@dorfonlaw

1 year

J. Gorsuch used the mooting of the Title 42 case as an opportunity to decry COVID orders as "the greatest intrusions on civil liberties in the peacetime history" of US. In a country that had slavery and in which he recently okayed reproductive servitude.

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Dorf on Law

@dorfonlaw

4 years

From Gorsuch & Kavanaugh in today's WI case: "Because they cannot easily act without a broad social consensus, legislatures are often slow to respond and tepid when they do." Except when they're, you know, hypocritically filling a SCOTUS seat. Then they're greased lightning.

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Dorf on Law

@dorfonlaw

1 month

And now a thread about what's going on at the Columbia Law Review (CLR). For those of you who haven't been paying attention, I'll begin with a summary. Here's a screenshot of the Columbia Law Review website as it has appeared for over 24 hours.

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Dorf on Law

@dorfonlaw

5 years

But merits aside, note how five GOP-appointed Justices issue an opinion containing a slogan that seems to travel almost exclusively in the libertarian right-wing-o-verse. [End of thread]

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Dorf on Law

@dorfonlaw

1 year

The NYT has an op-ed by Prof Michael McConnell that is filled with errors and that critiques straw-man arguments for violating the debt ceiling.

Opinion | The Case for Violating the Debt Limit Is Dangerous Nonsense (Published 2023)

The president does not have the authority to exceed the limit, regardless of what his advisers are telling him.

www.nytimes.com

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Dorf on Law

@dorfonlaw

4 years

Think SCOTUS override of expired NY COVID rules for worship services was no big deal? @tribelaw & I disagree: A court that affords no protection to bodily integrity and privacy while eroding separation of church and state looks like Gilead. via @usatoday

To this Supreme Court, religious freedom trumps public health — even amid COVID-19 plague

America may be back, as Joe Biden says, but at the Supreme Court, with its extremely conservative new majority, America is increasingly unrecognizable.

www.usatoday.com

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Dorf on Law

@dorfonlaw

5 years

Sure, Daenerys committed crimes against humanity, but even if Tyrion, Sansa, and others want her off the Iron Throne, there's no way Mitch McConnell and the other GOP Senators will vote to remove her, given her judicial appointments, deregulatory policy, & tax cuts for the rich.

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Dorf on Law

@dorfonlaw

3 months

From the second paragraph of Alito's majority opinion in Dobbs and offered as a reason for overturning Roe: "the Constitution makes no mention of abortion." Guess what. The Constitution makes no mention of immunity to criminal prosecution of former Presidents. Just saying.

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Dorf on Law

@dorfonlaw

4 months

SCOTUS reliance on 14A Sec 5 power of Congress to enforce Sec 3 is wholly unpersuasive, given that Sec 3 itself delegates to Congress power to lift the disqualification for insurrectionists by a 2/3 vote, not simple majority, as in Sec 5. The specific supersedes the general.

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Dorf on Law

@dorfonlaw

2 years

Reviewing the exam schedule that the registrar distributed to students, I see that my Federal Courts class was listed as "Feral Courts," which is about right these days.

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Dorf on Law

@dorfonlaw

2 years

Gorsuch, joined by Alito, in WV v. EPA concurrence: "The framers believed that the power to make new laws regulating private conduct was a grave one that could, if not properly checked, pose a serious threat to individual liberty." Except, you know, regarding women's bodies.

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Dorf on Law

@dorfonlaw

3 years

As a con law/fed courts nerd, I admit I’m kinda hoping Trump signs but doesn’t have time to deliver a pardon to Ken Paxton, who then sues Antony Blinken for it via an original jurisdiction mandamus action in SCOTUS. I would make that at least a note after Marbury in my casebook.

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Dorf on Law

@dorfonlaw

1 year

1) Prof McConnell begins by calling Speaker McCarthy's demand for spending cuts as the price of raising the debt ceiling "the ordinary stuff of politics." That's wrong. Raising the debt ceiling to pay for past appropriations has no logical connection to future spending.

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Dorf on Law

@dorfonlaw

4 years

Can GOP-controlled state legislatures assign their electors to Trump even if Biden wins the election in their state? No -- and certainly not w/o the state governor. @tribelaw , Grace Brosofsky, and I discuss the clear-cut SCOTUS case law here.

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Dorf on Law

@dorfonlaw

5 years

It is? Said by whom? I never heard anyone say this, and the opinion provides no citation, so I Googled it and found the Twitter feed of the Ayn Randian Atlas Society. But what is the origin of this saying? 2/

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Dorf on Law

@dorfonlaw

4 months

Justice Alito suggests that three things that are harmless individually can become dangerous when joined together. He's clearly right. E.g., combining Justices Thomas, Alito, and Gorsuch.

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Dorf on Law

@dorfonlaw

5 years

In today’s 5-4 SCOTUS ruling that a private company administering a public access channel in NYC is not a state actor subject to the First Amendment, Justice Kavanaugh writes for the majority: “It is sometimes said that the bigger the government, the smaller the individual.” 1/

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Dorf on Law

@dorfonlaw

5 years

The claim is false insofar as it asserts a linear relationship between the size of government and the ability of individuals to flourish. Ask Hobbes how well individuals do when one shrinks government down to nothing. 4/

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Dorf on Law

@dorfonlaw

1 year

If Republicans are engaged in ordinary politics by demanding their ideological agenda in exchange for paying the nation's bills, it would be equally fair for Democrats to insist on codifying abortion rights in exchange for raising the debt ceiling.

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Dorf on Law

@dorfonlaw

1 year

If Biden should be criticized, it's for negotiating with the Republican hostage takers, not for thinking about what to do if and when the Republicans shoot the hostages. Yet Prof McConnell goes after him only for the latter. /End of thread.

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Dorf on Law

@dorfonlaw

3 years

I argue here that "the very uncertainty over the abortion right's future cast by the actions of the Justices in the majority in last night's order shows why their reassurance about other mechanisms for bringing challenges rings hollow."

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Dorf on Law

@dorfonlaw

5 years

The claim conflates government’s size and its reach. Govt could be large in terms of taxes or spending/GDP ratio but small in its intrusion on people’s lives. Welfare states need not be and generally have not been totalitarian states. 5/

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Dorf on Law

@dorfonlaw

3 years

"How An Essay by @NeilHBuchanan , @tribelaw , and Me Figured in Trump's Effort to Destroy the Republic" (spoiler alert: fortunately, Dan Quayle prevailed on Mike Pence to ignore the crazy memo that cited us)

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Dorf on Law

@dorfonlaw

1 year

Prof McConnell says that the President has no power unilaterally to borrow money. That's true. But President also has no unilateral power to refuse to pay the bills Congress has required to be paid. SCOTUS has so held in a case involving President Nixon.

Train v. City of New York, 420 U.S. 35 (1975)

Train v. City of New York

supreme.justia.com

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Dorf on Law

@dorfonlaw

5 years

It appears to be an aphorism coined by a libertarian talk show host named Dennis Prager (who originally referred to “citizen” rather than “individual”). Various libertarian candidates for office have used the phrase, with or w/o attribution. 3/

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Dorf on Law

@dorfonlaw

1 year

2) Prof McConnell next says: "The debt limit is nothing more than an authorization from Congress to borrow . . . up to a certain limit. The debt ceiling is not a restriction on what would otherwise be the president’s ability to borrow; it is an authorization." That's wrong.

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Dorf on Law

@dorfonlaw

4 years

Trump is acting like the defeated ISIS fighters who pretended to be refugees escaping from the ISIS reign of terror.

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Dorf on Law

@dorfonlaw

6 years

Judge Stephen Reinhardt was my mentor and role model. He saw law as a tool of justice and wielded that tool with skill and passion. He was a superb legal craftsman who never lost sight of the people behind the cases. Farewell to the Chief Justice of the Warren Court in exile.

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Dorf on Law

@dorfonlaw

4 years

Justice Alito's remarks at Fed Soc & his broader campaign for a right to speak out against LGBTQ+ equality could be understood as a plea for more time to adjust. But it's been over 50 years since Stonewall. Time's up.

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Dorf on Law

@dorfonlaw

14 days

Question for an upcoming administrative law final exam: At the end of Part II of Loper Bright, CJ Roberts recognizes that Congress can still delegate discretion to agencies by doing so in a statute. Can it do so wholesale? I.e., would a Chevron Restoration Act be valid?

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Dorf on Law

@dorfonlaw

1 month

What kind of website maintenance? Was the Columbia Law Review hacked? Nope. Instead, the Review went dark because its outside board of directors had concerns about publication online (in advance of full publication) of an article on Israel's war in Gaza.

Columbia Law Review Refused to Take Down Article on Palestine, So Its Board of Directors Nuked the...

The students who run the Columbia Law Review sought out the Palestinian scholar Rabea Eghbariah, who was censored by Harvard Law Review last year.

theintercept.com

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Dorf on Law

@dorfonlaw

1 year

The authorization for the President and Secretary of the Treasury to borrow money is found in Sections 3102 through 3106 of Title 31. The debt ceiling is codified separately in Section 3101. You can read it here:

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Dorf on Law

@dorfonlaw

1 year

That separate codification matters because it means that if the debt ceiling provision is unconstitutional, it could be easily severed from the other Code sections, leaving Congress's statutory delegation of borrowing authority to the executive intact.

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Dorf on Law

@dorfonlaw

7 months

Here's my "Holiday Guide to Donald Trump’s Latest Cases at the Supreme Court" via @VerdictJustia . I urge SCOTUS to grant Jack Smith's petition to reject Trump's immunity claim and to affirm Colorado Supreme Court on Sec 3 of the 14th Amendment.

A Holiday Guide to Donald Trump’s Latest Cases at the Supreme Court

Cornell Law professor Michael C. Dorf points out that the U.S. Supreme Court faces critical decisions in two cases involving former President Donald Trump: one regarding his claim of absolute...

verdict.justia.com

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Dorf on Law

@dorfonlaw

1 year

So the question is not WHETHER President Biden will have to usurp legislative power, but HOW. And the answer is easy: Violating the debt ceiling means the President follows all of Congress's instructions about whom to pay and borrows only enough to cover revenue shortfall.

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Dorf on Law

@dorfonlaw

1 year

By contrast, if Biden were to attempt to refuse to pay the government's bills, that would require myriad legislative judgments about whom to stiff and by how much.

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Dorf on Law

@dorfonlaw

1 year

5) Meanwhile, the entire op-ed assumes the false premise that President Biden is contemplating violating the debt ceiling INSTEAD of attempting to reach a deal with congressional Republicans. As ongoing negotiations show, he is contemplating what to do if those negotiations fail.

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Dorf on Law

@dorfonlaw

11 days

Astoundingly, Trump v. US gives Trump MORE than his lawyers asked for. They at least acknowledged that a President could be prosecuted for ordering military assassinations of political opponents after impeachment and removal. The Court's rule gives permanent absolute immunity.

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Dorf on Law

@dorfonlaw

4 years

It's been over 8 months since a prominent libertarian law professor criticized govt COVID responses as excessive based on his projection of a total of 5000 US Deaths. Why was he so disastrously wrong? I explain in "Richard Epstein's Laffer Curve of Death"

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Dorf on Law

@dorfonlaw

6 months

For SCOTUS Conservatives, Chevron is a way station. The real target is delegation & all regulation. As I explain here, a line of questions in yesterday's argument unwittingly revealed the true goal: "Justice Kavanaugh Aims for Chevron But Hits Delegation"

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Dorf on Law

@dorfonlaw

1 year

4) But even if Prof McConnell is correct that the debt ceiling statute does not violate the 14th Am, so what? He utterly fails even to address the primary constitutional problem the President would face if Congress fails to raise the debt ceiling: separation of powers.

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Dorf on Law

@dorfonlaw

4 years

With due respect to Professors Dunning and Kruger, I would suggest that we rename the phenomenon they identified the "Jared Kushner effect."

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Dorf on Law

@dorfonlaw

1 year

Indeed, SCOTUS has held that the President lacks a line item veto even if Congress tries to give him one (which it surely hasn't done here).

Clinton v. City of New York, 524 U.S. 417 (1998)

Clinton v. City of New York: The Constitutional requirement of presentment prevents the president from changing or repealing laws or parts of laws without the prior consent of Congress.

supreme.justia.com

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Dorf on Law

@dorfonlaw

5 years

Reading the reaction to Pete Buttigieg’s supposed praise for Justice Kennedy’s independence, I find myself despairing of the possibility of contextualizing anything. 1/

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Dorf on Law

@dorfonlaw

1 year

3) Prof McConnell then makes a number of claims very narrowly defining the meaning of Section 4 of the Fourteenth Amendment. These claims are in clear tension with the one SCOTUS case to address the issue.

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Dorf on Law

@dorfonlaw

1 month

Censoring Eghbariah's article, or what amounts to the same thing in this context, un-publishing it, is likely to be ineffective and counterproductive. I'm guessing many more people read Eghbariah's initial essay when The Nation ran it than would have read it in the HLR.

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Dorf on Law

@dorfonlaw

1 month

Meanwhile, this episode looks very bad for CLR and reinforces what from the outside looks like an ongoing antagonistic relationship between Columbia and its students.

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Dorf on Law

@dorfonlaw

1 month

According to that story in The Intercept, the dispute concerns an article by Rabea Eghbariah arguing for making "Nakba"--a term used by Palestinians to describe their catastrophic dispossession when the State of Israel was created in 1948--part of the international law lexicon.

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Dorf on Law

@dorfonlaw

5 years

It took me all of 30 seconds of Googling to learn that Buttigieg has been promoting the Epps/Sitaraman proposal for months and that he did not endorse Kennedy-like justices. END OF THREAD/

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Dorf on Law

@dorfonlaw

1 month

Metzger was my colleague for many years, while Anders was my student long ago. They're both very smart people of integrity with sound judgment. Accordingly, I leave open the possibility that there's more to this story than meets the eye . . . but what meets the eye is not pretty.

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Dorf on Law

@dorfonlaw

1 month

Having served on outside boards of various peer-reviewed journals, I can say there is almost never any call for interference with the day-to-day editorial decisions of staff. That seems even more true for student-edited journals like CLR, given its educational mission.

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Dorf on Law

@dorfonlaw

1 month

Perhaps some day we will learn that something more than a vague worry that Eghbariah's article would be offensive to people who would then act badly justified the extraordinary intervention by CLR's outside board. Unless and until we do, however, this is a very bad look. /END

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Dorf on Law

@dorfonlaw

11 days

SCOTUS divides ideologically 6-3 in Corner Post. Seems odd, right? Conservatives are usually harder on plaintiffs based on statutes of limitations than liberals are. What gives? Apparently, conservatives dislike administrative agencies more than they like statutes of limitations.

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Dorf on Law

@dorfonlaw

1 month

Publishing can be dangerous. Journalists are sometimes murdered. Law review editors haven't been but that doesn't make genuine threats any less scary. However, if there are concrete threats, they should be taken very seriously by law enforcement, not rewarded by a heckler's veto.

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Dorf on Law

@dorfonlaw

15 days

Who had this lineup on their bingo card in the Purdue Pharma/Sackler bankruptcy case?

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Dorf on Law

@dorfonlaw

7 years

District Court Tries Too Hard To Duck Emoluments Clause Case: by Michael Dorf Last week…

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Dorf on Law

@dorfonlaw

3 years

As we near the end of another brutal year, here's a beautiful story of loss by @SherryColb that will not exactly cheer you up but perhaps will remind you that losing the ones we love (of any species) need not rob us of our deepest feelings for them.

Losing Scooter

By Sherry F. Colb

medium.com

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Dorf on Law

@dorfonlaw

1 month

The same thing will happen now. If the outside directors get what they apparently want and CLR does not ultimately publish Eghbariah's article, some other journal will. It's too long for The Nation, but whatever other journal publishes it will get lots of attention.

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Dorf on Law

@dorfonlaw

1 month

I’m waiting for the Bill Barr news conference in which he explains how this is a complete exoneration.

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Dorf on Law

@dorfonlaw

2 years

The major questions doctrine feels like a get-out-of-jail-free card for textualists.

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Dorf on Law

@dorfonlaw

4 months

@espinsegall But of course Congress won't save us either.

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Dorf on Law

@dorfonlaw

4 years

Some prominent legal scholars (and others) think that @tribelaw and I overreacted to the SCOTUS decision invalidating NY's (rescinded) order limiting the size of worship services. Here's why they're wrong. We didn't overreact. They're under-reacting.

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Dorf on Law

@dorfonlaw

4 years

Just in case you were thinking "hey, that Justice Gorsuch is turning out to be a pretty moderate guy" based on his vote in the LGBT Title VII case, note that today he joined Justice Thomas in calling for the invalidation of all independent federal agencies.

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Dorf on Law

@dorfonlaw

4 years

I have been uncharacteristically quiet for an end of SCOTUS term--attending to my 89-year-old father's sudden (non-COVID) illness and death. Here's a remembrance of the brilliant, wise, cultured, and extremely kind Stanley Dorf by my sister and me:

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Dorf on Law

@dorfonlaw

17 days

And now a thread about what is either the dishonesty or incompetence of the concurrence of Justice Kavanaugh in United States v. Rahimi, the Second Amendment case SCOTUS decided last week. As a reminder, you can find the case here:

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Dorf on Law

@dorfonlaw

1 year

In addition to its moral obtuseness, today's ruling in 303 Creative v. Elenis leaves completely unresolved the crucial question of what counts as an "expressive" business, thus inviting endless litigation: "Unanswered Questions in the Web Designer Case"

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Dorf on Law

@dorfonlaw

1 month

Reportedly, outside directors Gillian Metzger and Ginger Anders asked CLR to have its entire membership review Eghbariah's article before publication--an unusual procedure but also one that the Harvard Law Review (HLR) used w/r/t Eghbaria last fall.

The “Harvard Law Review” Refused to Run This Piece About Genocide in Gaza

The piece was nearing publication when the journal decided against publishing it. You can read the article here.

www.thenation.com

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Dorf on Law

@dorfonlaw

7 years

Here's an IDEA: Less Clickbait, More Accuracy About SCOTUS, Gorsuch, and Disabled Students…

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Dorf on Law

@dorfonlaw

5 years

Congress should but likely won't use the Mueller Report as a basis for impeachment. It will likely investigate, however. Attention should focus on WHY Trump repeatedly denied Russian interference. No innocent answers for POTUS.

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@dorfonlaw

1 month

The Nation article quotes an HLR editor worried about offending readers who might harass, dox, or intimidate HLR staff. Is that a reason not to publish an article otherwise scheduled for publication? For the outside board to intervene?

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Dorf on Law

@dorfonlaw

1 year

@5thCircAppeals Exactly. Thus, my blog post refers to his "facial activism."

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@dorfonlaw

4 years

I’m seeing many calls for Trump to be immediately impeached, removed and permanently disqualified from holding further office. I support them. Also prosecution and imprisonment for inciting a riot.

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Dorf on Law

@dorfonlaw

6 years

Donald Trump, Federal Courts Scholar: by Michael Dorf Imagine my surprise when I awoke…

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@dorfonlaw

5 years

I don’t like the Epps/Sitaraman/Buttigieg proposal. I am not supporting Buttigieg for the Democratic nomination. But condemning him for selling out based on the false premise that he endorsed Kennedy-like justices is either dishonest or the result of extreme laziness. 10/

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@dorfonlaw

14 days

This debate has been very educational. So far, I've gained 53 new followers by rage-tweeting. When I spend half a day researching and writing a 2,000-word legal analysis for my blog, I'm lucky not to lose any followers. I've learned that I should spend all my time rage-tweeting.

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Dorf on Law

@dorfonlaw

1 month

A concern that an article isn't very good or even that it's foolish or wrong on key points would not ordinarily be enough to justify action by the outside board. What might? Actionable defamation, I suppose, but that doesn't seem to be at issue here.

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@dorfonlaw

4 years

I'm thinking this would be a good time for Trump's legal team to read Federal Rule of Civil Procedure 11.

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@dorfonlaw

3 years

Barrett: We can overrule Roe/Casey but retain Griswold & other substantive due process cases. Kavanaugh: Overruling Roe would be modest because it wouldn't mandate abortion restrictions. That's 5 votes to overrule when you add Thomas, Alito & Gorsuch. Game over. I hope I'm wrong.

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@dorfonlaw

4 years

Wouldn't it be ironic if (as appears likely so far during the argument--usual caveats) the SCOTUS finds standing, mandate exists, but severable? Main long-term impact would be to broaden standing, which would be a boon for civil rights & enviro plaintiffs!

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@dorfonlaw

3 years

In Dobbs oral argument, Mississippi lawyer and some Justices sought to distinguish abortion from other unenumerated rights by saying only abortion involves deliberate killing. @SherryColb explains why the distinction fails.

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@dorfonlaw

3 years

An otherwise quite good exam I just graded, in answering an equal protection question, referred to "desperate impact." I was tempted to comment for the student: "that's not a thing in constitutional law, but it should be."

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@dorfonlaw

5 years

Anyway, Buttigieg DID NOT SAY HE WOULD APPOINT KENNEDY-LIKE JUSTICES TO A VACANCY ON THE SCOTUS as currently configured. He said that under the Epps/Sitaraman approach, neutrals would be like Kennedy and Souter, which would depoliticize the Court. 8/

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@dorfonlaw

1 year

Here's an important thread promoting an excellent article in WaPo (that quotes me & others) explaining that Biden is overly worried about SCOTUS risk. It's a good companion to @NeilHBuchanan 's latest on @VerdictJustia

Will the Democrats Unilaterally Disarm on the Debt Ceiling in the Name of Being “Normal”?

UF Levin College of Law professor and economist Neil H. Buchanan points out that, if we reach the drop-dead date of the debt ceiling, both options available to President Joe Biden will be unprecede...

verdict.justia.com

Greg Sargent

@GregTSargent

1 year

Biden should make it 100% clear he's ready to protect the country from GOP extortion. He shouldn't preemptively discredit the 14th amendment answer. Fear of SCOTUS can't dictate strategy. That only reinforces the cycle of abuse Dems are trapped in here:

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@dorfonlaw

3 months

Justice Alito is suggesting that the protections of the criminal justice system are insubstantial and prosecutors are potentially corrupt. That would be a problem for ALL defendants. If he really believed any of this, he'd be a liberal on criminal justice issues. He isn't.

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@dorfonlaw

2 years

Judge Rakoff's early announcement that he will JNOV a jury verdict for Palin is puzzling. Jury was told not to watch news coverage but isn't sequestered. If jurors learn that their verdict won't count, they could deliberate less seriously. Judge created a potential appeal ground.

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@dorfonlaw

1 month

In "Justice Alito Fails Both Constitutional Law and Property Law," I explain what's very clearly wrong with the assertion that taking down the Insurrectionist flag would have interfered with Mrs. Alito's "legal right to use the property as she sees fit."

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@dorfonlaw

4 years

On days like this you marvel at how we almost had a president who used a personal email address for work.

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@dorfonlaw

3 years

I don't know how to put this politely, but does Justice Alito realize he comes across as an. . . uhm ... asshole?

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@dorfonlaw

3 years

Mississippi says viability is an arbitrary line. That's wrong, but even if it were true, that wouldn't be a reason for SCOTUS to abandon viability. I explain why here, using the brief by me and 12 other constitutional scholars as a point of departure.

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@dorfonlaw

2 years

Cornell Law School will host a memorial for Sherry Colb on Sunday, October 23 at 1 pm. It will also be streamed for anyone who wishes to view it remotely. Details (including the webinar Zoom link) at the Cornell Law School Calendar.

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@dorfonlaw

4 months

For the uninitiated, "offended observer standing" is a euphemism coined by Justice Gorsuch to trivialize what happens when the government endorses a particular religious view and treats non-adherents to that religion as second-class citizens.

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@dorfonlaw

4 years

Suppose that 10 or even 50 years ago a state's governor vetoed a bill containing election law changes. Under a radical theory now animating SCOTUS conservatives, that vetoed bill rules in federal elections. Crazy, right? Details in my latest blog post.

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Dorf on Law

@dorfonlaw

2 years

Original-public-meaning originalists concede that changed beliefs about facts can entail results the framers & ratifiers would have rejected. @espinsegall argues here that the concession renders originalism indistinguishable from living constitutionalism.

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Dorf on Law

@dorfonlaw

1 year

I gave chatGPT the prompt proposed by the Chief Justice at the end of his opinion. You can read what it produced for my fictional applicant on my blog: "About that Loophole: Good Luck, Admissions Officers."

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Dorf on Law

@dorfonlaw

4 years

My deep dive into the last week of Supreme Court orders in election cases: "SCOTUS Election Law Kremlinology -- Or How Brett Kavanaugh Might Yet Save the Republic"

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