Michael C. Dorf
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Michael C. Dorf
@dorfonlaw.bsky.social
12K followers 340 following 1.1K posts

Cornell constitutional law professor and dilettante in many other fields. Vegan. Cyclist. Knicks fan. I mostly provide links to my work, especially my Verdict columns & blog posts (as well as those of my co-bloggers). I also occasionally post snark. .. more

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Michael C. Dorf is an American law professor and a scholar of U.S. constitutional law. He is the Robert S. Stevens Professor of Law at Cornell Law School. In addition to constitutional law, Professor Dorf has taught courses in civil procedure and federal courts. He has authored, co-authored, or edited six books, including Beating Hearts: Abortion and Animal Rights and On Reading the Constitution. He is also a columnist for Verdict and a regular contributor to his blog, Dorf on Law. Dorf is a former law clerk to Justice Anthony Kennedy of the U.S. Supreme Court and Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit. .. more

Political science 40%
Economics 21%
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Michael C. Dorf @dorfonlaw.bsky.social · 2d
He sent an email too! 🤣
Michael C. Dorf @dorfonlaw.bsky.social · 2d
I know that about Hamilton and Story. My constitutional point is predictive. I don’t see this Court rejecting removal restrictions for FTC commissioners but allowing US Attys to stay in office over prez/AG objection. I guess we will find out.
Michael C. Dorf @dorfonlaw.bsky.social · 2d
Removal is not always incident to appointment. For example, the Senate plays no role in removal of Senate-confirmed officers.
Michael C. Dorf @dorfonlaw.bsky.social · 2d
As I noted in a different reply, even if that’s the right reading of the statutes (which is hardly a given), it won’t survive long after Slaughter overrules Humphrey’s.
Michael C. Dorf @dorfonlaw.bsky.social · 2d
Even if that’s correct as a statutory matter, validity depends on the part of Morrison that will be over in Slaughter.

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 2d
Deputy AG Todd Blanche is wrong that judges lack power to appoint a US Att'y but it doesn't matter because Pres/AG have the power to fire one. On the blog, I explain why the NDNY US Att'y position may now become a revolving door. 👇
The Revolving Door of U.S. Attorneys for the Northern District of New York
The big news out of the Justice Department on Wednesday was made by Attorney General Pam Bondi, who, testifying in the House of Representati...
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Reposted by Anna O. Law, Philip N. Cohen, Michael C. Dorf , and 6 more

jameeljaffer.bsky.social
Jameel Jaffer @jameeljaffer.bsky.social · 4d
Very excited about this new @knightcolumbia.org project, both because it gives us the chance to look beyond the current democratic crisis and because so many super people have already agreed to participate. knightcolumbia.org/content/new-...
New Knight Institute Initiative to Focus on “Reconstructing Free Expression” After Trump
knightcolumbia.org

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 4d
The Trump DOJ's efforts to distinguish rather than seek the overruling of Wong Kim Ark in the birthright citizenship case should fail for many reasons, including that its reading of WKA would implicate all the same concerns as overruling. @ggkrishnamoomoo.bsky.social has details on the blog. 👇
Will Trump v. Barbara End Stare Decisis?
Recall at issue in Trump v. Barbara is President Trump’s Executive Order that purports to deny citizenship to children born in the United...
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Michael C. Dorf @dorfonlaw.bsky.social · 5d
On the blog, Professor Neil Buchanan likens the need to update our sense of who is at how much risk from Trumpism based on new outrages to how we needed to continually update our sense of the danger zone with COVID due to new knowledge and the virus's evolution. 👇
We're Still Figuring Out How Bad This Political 'Virus' Could Become
In this column, I draw an analogy between how we came to understand COVID and how we should try to understand how Trumpism works.  To do so,...
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Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 6d
A federal judge issued a TRO requiring Trump to release funds for the construction of a new rail tunnel between NJ & NY but that might not last. Meanwhile, Trump wants Schumer to rename Penn Station for ... wait for it ... Trump! On the blog, I explain how this could be undone in the future. 👇
Trumpmenbashi Station, Trumpmenbashi Airport, Etc.
I am pre-writing today's blog post on the afternoon of Friday February 6 because I have a busy weekend planned. By the time this essay goes ...
www.dorfonlaw.org

Michael C. Dorf @dorfonlaw.bsky.social · 9d
Wondering what it would mean for Republicans to "nationalize" the midterm elections? On the blog, Prof Neil Buchanan describes their pathways that would use the law (which is not to say they're legal) and those that would use naked force. He also explains the need for a plan to resist.
What Would "Nationalizing the Election" Look Like, and Could It Be Stopped?
It has not been at all difficult to predict what Donald Trump would be willing to do when it comes to dismantling constitutional democracy i...
www.dorfonlaw.org

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 9d
SCOTUS is deciding two 2nd Amendment cases this Term. In each, the Court will apply a history-and-tradition test that, as @espinsegall.bsky.social argues on the blog, has no basis in actual history, ignores grave harms, and is unlike anything else in constitutional law.
The Roberts Court's Dangerous and Anti-Historical Bruen Test For Gun Safety Legislation Must Be Changed
In 2022, the Supreme Court of the United States handed down the most anti-originalist and irrational decision interpreting the Second Amendm...
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Michael C. Dorf @dorfonlaw.bsky.social · 11d
On the blog today, Prof Neil Buchanan warns of the danger that centrist Democrats will continue to amplify narratives of false equivalence and thus sabotage the post-Trumpist future, should it even arrive.👇
Even If the US Survives Trumpism, So-Called Centrist Democrats Might Quickly Revert to Their Usual Nonsense
How could any honest person fall for false equivalence at this point?  A true but incomplete answer to that question is simple: No honest pe...
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Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 12d
In a related blog post, I explain that AG Pam Bondi has and should exercise the power to name independent lawyers to defend against the Trump lawsuit, given the conflict of interest. I also doubt she will do so because for this administration, conflict of interest is a feature, not a bug. End 🧵
Trump's Lawsuit Against the IRS is Absurd: Can Bondi Be Trusted To Defend Against It?
My latest Verdict column discusses the absurd lawsuit that Donald Trump, his two eldest sons, and the Trump Organization filed late last w...
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Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 12d
Short 🧵: Trump is suing the IRS for $10 billion for poor supervision of its employees, leading to the unlawful release of his tax data--when Trump was president and had the power to fire the IRS Commissioner. On @justiaverdict.bsky.social I discuss the many ways in which the lawsuit is obscene. 1/
What’s Wrong with Donald Trump’s Lawsuit Against the IRS?
Cornell Law professor Michael C. Dorf discusses Donald Trump’s lawsuit against the IRS over the unauthorized disclosure of his tax information by former IRS employee Charles Littlejohn, examining the...
verdict.justia.com

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 13d
Judge Menendez denied Minnesota's motion for a preliminary injunction because she doubted the merits. On the blog, Prof Jacob Hamburger critiques her reasoning and more broadly assails the Trump administration's disregard for federalism principles. 👇
Federalism by Extortion Comes to Minneapolis
It is hard to think of a more extreme example of a federal government effort to "commandeer" state or local government action than the Depar...
www.dorfonlaw.org

Michael C. Dorf @dorfonlaw.bsky.social · 16d
On the blog, Prof Buchanan vents about another expert in something else entirely saying nonsense about the tax code and public finance.
A Little Palate Cleanser: An Expert Veers Out of Her Lane to Say Ridiculous Things About Taxes and Deficits
Because the frightening situation in the US and the world became even more harrowing over the last week, one part of which I discussed with...
www.dorfonlaw.org

Michael C. Dorf @dorfonlaw.bsky.social · 17d
He can’t because that’s like somebody suing himself due to the unitary executive. Bwahaha. Kidding/not kidding.
Michael C. Dorf @dorfonlaw.bsky.social · 17d
As I indicate in the essay, I'm putting the murder of Pretti aside. It would be unjustified regardless of the legality of his gun. But it would be hypocritical for those of us who support gun control to say that there is a right to armed protest when we don't generally believe that.

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 17d
2d Amendment zealots who blame Alex Pretti for having a gun are hypocrites but that doesn't warrant reciprocal hypocrisy by gun control proponents. Although Pretti was blameless, there are two broader questions: Is there a right to armed assembly? Should there be one? On the blog, I say no to both.👇
Is There a Right to Armed Protest? Should There Be?
Let's begin with the obvious. The fact that Alex Pretti had a gun on his person in no way justified or excused the actions of the federal of...
www.dorfonlaw.org

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 18d
Prof Neil Buchanan, an Ohio native, recalls the 1970 Kent State massacre, which, he notes, has much more in common with our current moment than merely "government agents killed innocent protesters," especially the reaction of those responsible--but, in a hopeful sign, not the public reaction. 👇
Minnesota Now and Ohio Then: This Time, the Public Isn't Buying It
I have no idea why, but lately I find myself thinking about May 4, 1970.  On that day, four young Americans were killed when government tro...
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Reposted by Marc Lynch, Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 19d
Today on the blog, a reminder that it's not just our national executive and legislature that are dysfunctional: @espinsegall.bsky.social uses the current blockbuster SCOTUS docket to illustrate how much power the unaccountable justices have.
The Term From Hell and the Court that Isn't a Court
For two decades, I have argued that the Supreme Court of the United States is not a real court of law and its justices do not perform their ...
www.dorfonlaw.org

Michael C. Dorf @dorfonlaw.bsky.social · 20d
It ate my books too. I signed up for the settlement payment. I hope you did too.

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 20d
On the blog, I take a break from authoritarianism to discuss AI--in particular, Claude's new "constitution." I reproduce my conversation with Claude about US constitutionalism, AI constitutionalism, originalism, and more. 👇
What SCOTUS Could Learn From the New Constitution for Claude (Anthropic's AI Chatbot)
In 2018, Meta created an Oversight Board that quickly came to be known as the Supreme Court of Facebook. Although it still exists, it has be...
www.dorfonlaw.org

Reposted by Valerie P. Hans

Michael C. Dorf @dorfonlaw.bsky.social · 21d
The Trump administration's immediate rush to vilify ICE's victims and fully exculpate the federal officer perpetrators, regardless of contrary irrefutable video evidence, bespeaks a NO-bad-apples mentality. Or, more directly, ICE brutality is never an aberration. It's the policy. 3/ End of 🧵

Reposted by Valerie P. Hans

Michael C. Dorf @dorfonlaw.bsky.social · 21d
That is not to say that the few-bad-apples excuse was always invoked in the past. For as long as there have been instances of police brutality, there have been people blaming the victims and excusing the perpetrators. But we now seem to have turned a corner. 2/

Reposted by Valerie P. Hans

Michael C. Dorf @dorfonlaw.bsky.social · 21d
🧵I am struck by the near-disappearance from our political vernacular of the few-bad-apples trope. Law-and-order types used to routinely dismiss particular instances of excessive police force as the work of just a few bad apples (ignoring the proverbial wisdom about the bunch). Now not so much. 1/
Michael C. Dorf @dorfonlaw.bsky.social · 23d
I don't think that's right. The state's brief refers to it as an 1865 law--3 years before the ratification of the 14th Amendment.
Michael C. Dorf @dorfonlaw.bsky.social · 23d
The Trump administration acts like Holmes's "bad man," constrained only by what it can get away with. As Prof Neil Buchanan (who is an economist as well as a lawyer) argues on the blog, that's how most economists believe humans always do (and should!?) behave. 👇
Trust, International Diplomacy, and Economic Prosperity
The people who are currently running the US government have made it abundantly clear that they believe in the might-makes-right model of hu...
www.dorfonlaw.org

Reposted by Eric J. Segall

Michael C. Dorf @dorfonlaw.bsky.social · 24d
SCOTUS argument in the Hawaii 2d Am case raised questions about the soundness of the history-&-tradition test but the conservative super-majority will use it to open coffee shops, bars, etc. to gun-toters, while signaling their supposed opposition to racism. Win-win for them. Not so much for us. 👇
Constitutional Default Rules: Second Amendment Edition
On Tuesday, the Supreme Court heard oral argument in Wolford v. Lopez . The case involves a 2023 Hawaii law that was aptly described by the ...
www.dorfonlaw.org