Legal News
Reports on lawmaking, constitutional issues, and court cases. The Daily Signal combines news reporting with conservative commentary and legal analysis.
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- Opinion
The Left’s Alito Flag Flap Is Their Craziest Attempt Yet to Smear a Supreme Court Justice
The Left is about power and achieving their political objectives by any means necessary. That includes trying to silence or sideline judges unlikely to be on their side. One tactic is demanding that Supreme Court justices unlikely to be reliable ideological allies recuse themselves, or step away, from certain cases. Liberals have come up with…Thomas Jipping -
- Opinion
Debating Founders’ Intent on Appropriations, Justices OK Dodd-Frank Agency’s Funding Scheme
Is it concern for history or the present that underlies the Supreme Court’s ruling upholding the constitutionality of the perpetual funding scheme granted to the Consumer Financial Protection Bureau under the Dodd-Frank Wall Street Reform Act? Citations of the 17th and 18th century may have dominated the opinions, but concern for flexibility in funding the…Jack Fitzhenry -
- News
BREAKING: Supreme Court Upholds Consumer Financial Protection Bureau
The Supreme Court upheld a funding scheme apparently meant to insulate a powerful federal agency from future congressional oversight. The court ruled 7-2 that the funding scheme for the Consumer Financial Protection Bureau does not violate the Constitution’s appropriations clause, which forbids the executive branch from taking money from the federal Treasury except “in consequence…Tyler O’Neil -
- Opinion
Supreme Court to Make Significant Rulings on Power of Administrative State, Presidential Immunity, More
Oral arguments are over at the Supreme Court for this term. Although the rallies and protesters have dispersed (for now, anyway), the justices remain frantically at work on the numerous opinions they have yet to hand down. With several closely watched cases still pending, it will likely be a historic finish to this Supreme Court…John G. Malcolm -
- Opinion
Big Questions Before Supreme Court in Trump’s Presidential Immunity Case
The nine Supreme Court justices have a major question before them. Is a current or former president immune from prosecution? Former President Donald Trump is facing prosecution for alleged efforts to overturn the results of the 2020 election. Trump argues that his actions as president are protected from prosecution under presidential immunity. Trump lawyer John…Virginia Allen -
- Opinion
Justice Department Rule on Crime Compensation Exceeds Its Authority, States Say
The Biden administration essentially wants states to give federal grant money to illegal aliens, convicted criminals, and people who contributed to their own victimization under the guise of “amending” the federal rules associated with the federal Victims of Crime Act. Nineteen states have objected to the proposed rule changes, claiming that they exceed the statutory…Cully Stimson -
- Opinion
Be It Ever So Humble … : Supreme Court to Decide If City May Ban Sleeping in Public
The Supreme Court heard oral argument Monday in the case of City of Grants Pass v. Johnson, which raises the issue of how states and localities may deal with the problem of homelessness. The U.S. Court of Appeals for the 9th Circuit held that it violates the cruel and unusual punishment clause of the Constitution’s…Paul J. Larkin -
- News
After Judge Blocks Law Protecting Kids From Transgender Surgeries, Ohio Calls on State Supreme Court to Intervene
The attorney general of Ohio has asked the state’s Supreme Court to intervene in a matter involving an Ohio judge who temporarily blocked a law protecting children from “transgender” surgeries and procedures. Franklin County Court of Common Pleas Judge Michael Holbrook had issued a temporary restraining order for House Bill 68, the Saving Ohio Adolescents…Mary Margaret Olohan -
- Opinion
What’s Riding on a Jan. 6 Capitol Riot Case Before Supreme Court?
The Supreme Court will determine the fate of a major Jan. 6 Capitol riot-related case. The ruling could affect hundreds of people who were in the Capitol that day in 2021, and at the center of the case is the applicability of a federal statute. The Justice Department has been using a statute enacted in…Virginia Allen -
- Opinion
‘Unpacking’ the Court: Why the Left Wants Sotomayor Gone
Ever since losing control of the Supreme Court to a nominally conservative majority, many of the same liberals who have brazenly called for “packing the court” are now just as brazenly seeking to unpack it. If ever there was proof that the Left views the Supreme Court as just another legislative body to lobby for…Peter Parisi -
- News
Arizona Republicans Back Away From the Unborn Following State Supreme Court Ruling
A number of Arizona Republicans are rapidly distancing from the state’s controversial Supreme Court ruling protecting almost all unborn babies from abortions. The state Supreme Court upheld a 1864 law on Tuesday that bans almost all abortions in Arizona, except when the mother’s life is at risk. In a 4-to-2 decision, the court said that…Mary Margaret Olohan -
- News
‘Radical Antisemite’? Judicial Nominee Stirs Controversy
The Biden White House and the Senate’s Democrat leaders are sticking by a nominee for an appeals court vacancy with ties to anti-Israel and anti-police organizations, despite shaky support among some Democrats. Separately, a watchdog group raised questions about the judicial nominee’s financial disclosure report. In November, President Joe Biden nominated New York lawyer Adeel…Fred Lucas -
- News
Victims of Chemical Abortions Speak Out as Supreme Court Hears Oral Arguments
The United States Supreme Court heard oral arguments Tuesday in a case dealing with the Food and Drug Administration’s removal of safeguards on chemical abortion drugs. Represented by Alliance Defending Freedom, four national medical associations and four individual doctors sued the FDA for removing almost all safety standards for pregnant women taking the abortion drugs…Mary Margaret Olohan -
- Opinion
Tipping the Scales of Justice to the Left? The Federal Judiciary’s New ‘Guidance’ for Assigning Cases
Federal judges have ruled against the Biden administration in several recent high-profile cases, and those on the Left are not happy about it. Instead of defending their policies on the merits in front of these judges, those on the Left have instead pressured the principal policy-making body for the federal judiciary to change how cases…Zack Smith -
- Opinion
Supreme Court Weighs Government’s Power to Restrict Speech on Social Media
Those hoping for more open discourse on matters of national concern should not await the Supreme Court‘s decision in Murthy v. Missouri with much optimism. During Monday morning’s oral arguments in the case, the justices sounded unlikely to restrict the White House’s ability to control content moderation on social media platforms such as Facebook despite…Jack Fitzhenry -
- News
Pro-Life Pregnancy Group Appeals to SCOTUS in Clash With New Jersey AG Over ‘Unlawful’ Subpoena
An organization that operates pro-life pregnancy centers in New Jersey asked the U.S. Supreme Court to hear a case involving what the centers’ petition calls an “improper” and “unlawful” subpoena by state Attorney General Matthew Platkin. Alliance Defending Freedom, a Christian legal firm known as ADF, filed a petition with the high court Feb. 26…Noah Slayter -
- Opinion
Supreme Court Justice Right to Warn of Dangers in Dismissing Jurors for Their Faith
U.S. Supreme Court Justice Samuel Alito recently expressed concern about the decision by Missouri’s state courts to exclude Christians from serving on a particular jury because of their “traditional religious views on questions of sexual morality.” The case at issue involves a woman who identifies as a lesbian suing the Missouri Department of Corrections for…Jordan Lorence -
- Opinion
Google AI’s Recent Debacle Draws Stark Comparison to Public Education’s Own ‘Racial Justice’ Algorithm
“Happy Days” thought they had a great idea for juicing ratings back in 1977, featuring an episode where “the Fonz” jumped a real-life shark on water skis. It didn’t do much for the ratings of the show, but it did help coin a phrase. Today, “jumping the shark” denotes when something popular reaches a point…Matthew Ladner -
- News
Supreme Court Case Has Implications for Elon Musk’s Subpoena Fight With SEC
Congress created and empowered the Securities and Exchange Commission to help enforce U.S. securities laws. The SEC’s unique structure and broad powers have long been controversial and subjected to constitutional challenges—including one currently being brought by Elon Musk. Only a few years ago, the U.S. Supreme Court held that the SEC’s mechanism for appointing its…Zack Smith -
- Opinion
Justices Weigh Future of Free Speech on Social Media Platforms
Can states prohibit social media companies from censoring the speech of their platforms’ users? That’s a question now before the Supreme Court. The justices heard oral arguments Monday in a pair of major First Amendment cases. The cases stem from laws passed in Texas and Florida in 2021 after a number of social media companies’…Virginia Allen