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
5 Supreme Court Cases to Watch in the 2021-22 Term
The Supreme Court has already agreed to review several important cases in its upcoming term, and it will likely add more soon. Here’s a preview of five of the most important cases the Supreme Court will hear in its 2021-2022 term. 1. Dobbs v. Jackson Women’s Health Organization This is the most important abortion case… -
opinion
Clarence Thomas’ Remarks Reveal America’s True Culture War
Last week, Supreme Court Justice Clarence Thomas arrived at the University of Notre Dame to speak about the Declaration of Independence. Speaking invitations like this that Thomas accepts are few and far between. Anyone who cares about our country and listens to this address will wish that he would agree to speak more. His presentation… -
news
Judicial Philosophies Not Same as Political Parties, Justice Barrett Argues
Supreme Court Justice Amy Coney Barrett, saying she worries that the court increasingly is being portrayed to the public as a partisan institution, emphasized that justices must be “hyper-vigilant” that they don't let personal biases affect their work. “My goal today is to convince you that this court is not comprised of a bunch of… -
news
Supreme Court Strikes Down Biden’s New Eviction Moratorium
The Supreme Court ordered the Biden administration on Thursday to stop enforcing the federal eviction moratorium recently extended to October. In a 6-3 decision along ideological lines, the high court ruled that the moratorium, which has prohibited landlords from evicting low-income tenants since its implementation in March 2020, would need congressional authorization to be continued. The decision… -
opinion
Remembering and Appreciating Donald Kagan, Yale Professor, Scholar, and Mentor
Donald Kagan, who taught history and classics at Yale University, and was widely revered as one of the university’s finest teachers and the nation’s greatest scholars, died on Aug. 6. Kagan was the author of many books, and had a wide influence on the understanding of history and hence on the making of U.S. foreign… -
opinion
Kavanaugh Eats Crow on Eviction Moratorium
Judges can’t avoid politics by playing politics. That might seem like a no-brainer to most people, but some judges can’t seem to figure that out. Exhibit A is Supreme Court Justice Brett Kavanaugh, who’s about to eat his own words from just a month ago. The story starts with the Centers for Disease Control and… -
news
Mississippi Urges Supreme Court to Overturn Roe v. Wade
Mississippi Attorney General Lynn Fitch has called on the Supreme Court to defend the right of states to pass laws protecting “life and women’s health,” urging the high court to overturn the landmark abortion case Roe v. Wade. The Mississippi attorney general filed a brief Thursday in Dobbs v. Jackson Women’s Health Organization, which the court will… -
news
Senate Democrats, Slamming FBI, Seek to Revive Kavanaugh Sexual Assault Allegations
Senate Democrats demanded this week that the FBI hand over additional information related to its 2018 investigation into Supreme Court Justice Brett Kavanaugh. The Democrats on the Senate Judiciary Committee, led by Sens. Sheldon Whitehouse, D-R.I., and Chris Coons, D-Del., raised a series of questions about the FBI’s handling of its sexual misconduct probe into Kavanaugh… -
opinion
As Predicted, Court-Packing Looms Large in Supreme Court Commission’s Second Public Meeting
The Presidential Commission on the Supreme Court met Tuesday for its second public meeting, hearing from 27 witnesses about everything from the court’s so-called shadow docket to court-packing and time limits for the confirmation process. The commission’s report for President Joe Biden is due by mid-November, but if this and its May 19 meeting are… -
opinion
We Hear You: Supreme Court Abandons Christian Florist
Editor's note: The Daily Signal's audience appears flabbergasted that the Supreme Court refused to hear the case of a florist in Washington state who declined to do floral arrangements for a same-sex wedding. Here's a sampling from the mailbag at [email protected].—Ken McIntyre Dear Daily Signal: In his story "Supreme Court Refuses to Hear Appeal of… -
news
Trump’s Lawsuits Against Big Tech Will Go ‘All the Way’ to Supreme Court, Backers Say
Former President Donald Trump’s lawsuits against censorship by Big Tech companies likely will reach the U.S. Supreme Court, the leaders of a public policy group backing the legal action say. “Ultimately, we are going to take [the case] all the way,” Brooke Rollins, president and CEO of the America First Policy Institute, said in a… -
opinion
Supreme Court Denies a Woman’s Free Exercise of Christianity
Can Barronelle Stutzman, a Christian, run her flower shop in keeping with her faith? The Supreme Court—with determinative votes cast by Chief Justice John Roberts, Justice Amy Coney Barrett, and Justice Brett Kavanaugh—has effectively decided she cannot. “My faith is a part of every aspect of my life,” Stutzman said in a sworn statement presented… -
opinion
‘Scholars and Scribes’ Preview: 5 Big Cases From Supreme Court’s 2020 Term
Now that the Supreme Court’s 2020 term has concluded, it is time to review it. This was the first term we saw Justice Amy Coney Barrett, who joined the court in October 2020, in action. Hopefully it’s the last term that has telephonic oral arguments (although we hope that Justice Clarence Thomas continues to ask… -
news
Supreme Court Refuses to Hear Appeal of Christian Florist in Same-Sex Wedding Case
The Supreme Court on Friday announced it had declined to review the case of a Christian florist in Washington state involving same-sex marriage, again punting on major constitutional questions involving religious freedom. Justices Neil Gorsuch, Clarence Thomas, and Samuel Alito expressed support for hearing the case, but to take a case requires the votes of at… -
opinion
What You Need to Know About Supreme Court Rulings on Faith-Based Foster Care, Student Speech, and More
The Supreme Court has issued a number of significant rulings this term that affect everything from collegiate athletics to adoption agencies. Among the most notable decisions, the high court ruled 9-0 in favor of religious liberty in the case of Fulton v. City of Philadelphia. The case gives a Catholic social service agency in Philadelphia… -
opinion
Supreme Court: Religious Liberty Prevails in Fulton v. City of Philadelphia
Saturday is the six-year anniversary of the Obergefell v. Hodges ruling, in which the Supreme Court redefined marriage to include same-sex couples. The Supreme Court’s decision has created questions of how it will treat discrimination claims by same-sex couples and supporters of traditional marriage between one man and one woman. Critics of proponents of traditional… -
opinion
Unanimous Supreme Court Gives Win to Religious Foster Care Agency
In a unanimous judgment Thursday, the Supreme Court ruled in favor of a faith-based foster care agency, saying the city of Philadelphia could not disqualify it because of its religious beliefs. The high court noted that Catholic Social Services has “long been a point of light in the city’s foster-care system” and that the agency simply wishes to be allowed to “continue serving the children of Philadelphia in a manner consistent… -
opinion
The Real Reason These Democrats Want to Expand Supreme Court
Four Democratic members of Congress have introduced legislation to expand the Supreme Court from nine justices to 13. Sen. Ed Markey, D-Mass., and Rep. Jerry Nadler, D-N.Y., introduced the bill April 15 with Reps. Hank Johnson, D-Ga., and Mondaire Jones, D-N.Y. Markey said he supports expanding the high court because it “is broken.” GianCarlo Canaparo,… -
news
‘A Pure Political Ploy’: Sen. Rubio Accuses Democrats of Trying to Pack Courts for Their Own Agenda
Sen. Marco Rubio, R-Fla., criticized legislation introduced by Democratic members of Congress intended to add four justices to the Supreme Court. Rubio told Fox News Thursday that the bill is a “political ploy” that serves the Democratic Party’s political agenda. He added that issues with the court sprang up once the conservatives made up a… -
opinion
Left Is Using Supreme Court Commission to Change Court’s Decisions, Not to Improve It
Today, President Joe Biden signed an executive order creating the Presidential Commission on the Supreme Court of the United States. The White House announcement and the members chosen for this commission raise serious questions about its real purpose and concerns about its impact on the independence of the judiciary. The most obvious question is why…