Courts News

Supreme Court watchers learn a lot about the justices’ thinking on particular issues based on which cases they agree to accept. Court watchers can also learn a lot based on which cases the justices reject—especially when some of the justices take the relatively rare step of issuing a statement “respecting the denial of certiorari,” which…

A Supreme Court case decided last year is a cautionary tale of the legal equivalent of the law of unintended consequences. The high court issued a decision last June in Bostock v. Clayton County, a landmark 6-3 opinion holding that discrimination “on the basis of sex” for the purposes of Title VII (which forbids discrimination…

President Joe Biden has announced the creation of a commission to examine “reforming” the courts. This move is not only a “solution” in search of a problem, but will itself likely damage the rule of law and the independence of the judiciary. It is based on the dangerous idea that the political branches should manipulate…

This op-ed is part of a series that explores the writings and jurisprudence of Judge Amy Coney Barrett, the president’s nominee for the United States Supreme Court. To many Americans, the word “jurisdiction” conjures up memories of old G-men movies, in which local police and dark-suited FBI agents argue about who gets to call the…

This article is an excerpt from the “2020 Mandate for Leadership: A Clear Vision for the Next Administration.” It looks back at policy decisions made by the Trump administration over the past four years. You can purchase your copy of “Mandate 2020” here. Our system of government and the liberty it provides are compromised when judges…

“The less you say, the better.” That was the advice I received from the judge I clerked for about orders on motions for recusal. This is good advice that 11th Circuit Judges Barbara Lagoa and Robert Luck should heed before responding to Senate Democrats’ astonishing political attack on their judicial independence. As Ed Whelan, president…

Two federal appeals courts last week issued decisions on challenges to coronavirus-related executive orders by the governors of Illinois and Louisiana. In each case, churches and religious organizations challenged a governor’s restrictions on meeting in person at houses of worship while allowing other group activities to proceed, saying those orders violated the First Amendment.  Illinois…

President Donald Trump’s two Supreme Court picks, Justices Neil Gorsuch and Brett Kavanaugh, may be his highest-profile judicial nominations, but they are just two of the 157 men and women who have reshaped the federal judiciary. “One out of every 4 active judges on the U.S. Court of Appeals have been appointed by President Trump,”…

The Supreme Court heard oral argument this week in two cases challenging congressional district lines drawn for partisan advantage. The question before the justices is whether state legislators violate the Constitution when they draw up district lines with politics in mind. Partisan politics has been part-and-parcel of the redistricting process since Gov. Elbridge Gerry gave…

Does an administrative agency have the power to rewrite an act of Congress? The answer to that question in the headline ought to be a resounding no. Yet, by deferring to administrative agencies over the meaning of federal law, the federal courts have for decades empowered the executive branch do exactly this. Agencies now rewrite…

Our federal courts are facing a vacancy crisis like never before. The number of judicial vacancies across the federal bench has averaged 142 so far this year. The only year that came close to this was 1991, which had an average of 138 vacancies—but that was shortly after Congress created 85 new judicial positions. More…

If all Donald Trump did with these four years was balance the courts, his presidency would still be a success. Lucky for us, he’s got his sights set on a lot more than that—and a pile of accomplishments to prove it. But in an age when more decisions are being snatched out of his hands…

Recent developments in America’s courts and legislatures have brought home a reality that I discussed in this space last summer: Transgender activists seek to undermine parental rights. Transgenderism is part of a movement that is hostile to traditional family life. The traditional family is based on the idea that the needs of children are supplied…