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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- News
This Nomination Is the Next Big Battleground for the Federal Courts
Steven Menashi’s nomination for the 2nd U.S. Circuit Court of Appeals is the latest touchstone in the judicial confirmation wars. Liberal commentators and activist groups are accusing Menashi of advancing extremist positions in the Trump administration and as an academic, while his conservative supporters say Democrats are warping his views. The 2nd Circuit is the…Kevin Daley -
- Opinion
The Media’s Latest Smear of a Trump Judicial Nominee
Left-wing opponents of an impartial and independent judiciary have picked another target: appeals court nominee Steven Menashi. It’s one thing to be honest about a nominee’s record, but disagree about whether he belongs on the bench. The attacks begun on Menashi, however, amount to nothing more than dishonest smears. Menashi, whose Jewish family came to…Thomas Jipping -
- Opinion
The Senate Ups Judicial Confirmations Despite Democrats’ Obstruction
The Senate adjourned for the August recess last week, but not before confirming another 13 judges to the U.S. District Court. Now is a good time to evaluate what the Senate has accomplished with respect to President Donald Trump’s judicial nominees. The Heritage Foundation’s Judicial Appointment Tracker shows some of the good news, as well…Thomas Jipping -
- News
House Democrats Seek Kavanaugh Documents From Bush Years
Democrats on the House Judiciary Committee asked the National Archives Tuesday to release documents from Justice Brett Kavanaugh’s service in the George W. Bush White House. The request tracks Democratic promises to scrutinize Kavanaugh even after his confirmation to the Supreme Court. “The Senate Judiciary Committee received only a small fraction of Justice Kavanaugh’s White House…Kevin Daley -
- Opinion
When the Supreme Court Is Right to Overturn Precedent
Supreme Court justices need a healthy respect for past precedents. But sometimes, precedent is so bad it simply has to be overturned. The court did just that last month in the case of Knick v. Township of Scott. The court delivered a victory for champions of property rights by overturning a 1985 precedent that had…J. David Breemer -
- News
Fact Check: Does Trump Have the Most Successful Judicial Nomination Record Since George Washington?
President Donald Trump has had what many would consider a successful record on judicial appointments—and has repeatedly cast that success in historical terms. “We have many appeals court judges—many—that we’ll have appointed. The courts are a whole different thing,” Trump told a largely teenage audience gathered Tuesday in Washington, before giving them a quiz. “I…Fred Lucas -
- News
Judicial Watchdog Submits Congressional Ethics Complaint Against Rep. Omar for Potential Perjury, Fraud
Conservative watchdog group Judicial Watch filed a complaint with the House of Representatives’ ethics office asking for an investigation into possible crimes committed by Minnesota Democratic Rep. Ilhan Omar. The possible crimes include “perjury, immigration fraud, marriage fraud, state and federal tax fraud, and federal student loan fraud,” according to the complaint filed Tuesday by…Luke Rosiak -
- Opinion
The True, Behind-the-Scenes Story of the Kavanaugh Confirmation
Did the confirmation battle of Supreme Court Justice Brett Kavanaugh help or hurt the #MeToo movement? How did the mainstream media miss so many red flags regarding his multiple accusers? And what was the horrific media storm like for the Kavanaugh family? Mollie Hemingway and Carrie Severino, authors of the best-selling new book “Justice on…Kelsey Bolar -
- News
Retired Supreme Court Justice John Paul Stevens Dies at 99
Retired Supreme Court Justice John Paul Stevens, the war hero and Republican corporate lawyer who became the leader of the court’s liberal wing, died Tuesday night in Fort Lauderdale, Florida. He was 99. The Supreme Court’s public information office said Stevens died from complications of a stroke suffered earlier in the day. “A son of…Kevin Daley -
- Opinion
The Moment Kavanaugh’s Foes Overplayed Their Hand
At 7:33 p.m., a lawyer named Michael Avenatti tweeted: I represent a woman with credible information regarding Judge Kavanaugh and Mark Judge. We will be demanding the opportunity to present testimony to the committee and will likewise be demanding that Judge and others be subpoenaed to testify. The nomination must be withdrawn. Avenatti, who had…Mollie Hemingway -
- News
A Year After the Supreme Court Rules Against Unions, What’s Changed
Pick a state, any state where rank-and-file public employees differ with the political agenda of their union leadership, and they can make a clean break from the union if they choose. That’s because the U.S. Supreme Court ruled that nonunion government workers can’t be compelled to pay dues or other fees to support a union….Kevin Mooney -
- News
New Book on Kavanaugh Confirmation Holds Troubling Allegations Against Christine Blasey Ford
A forthcoming book on Justice Brett Kavanaugh’s confirmation to the Supreme Court relays incendiary allegations about Christine Blasey Ford, excerpts obtained by The Daily Caller News Foundation show. In “Justice on Trial” authors Mollie Hemingway and Carrie Severino say unnamed peers accused Ford of drinking to excess and accosting boys with some regularity as a…Kevin Daley -
- Opinion
‘Rotating’ Supreme Court Justices Would Be Unconstitutional
Efforts to turn judges from impartial umpires into political operatives confirm the axiom that those who cannot remember the past are doomed to repeat it. The Declaration of Independence lists actions by King George III that justified separating from Great Britain. The king, for example, had “made Judges dependent on his Will alone for the…Thomas Jipping -
- News
The Supreme Court Announces It Will Hear DACA Case
The Supreme Court will decide whether President Donald Trump can rescind the Deferred Action for Childhood Arrivals program during its next term, the justices announced Friday. DACA is an Obama-era amnesty initiative that extends temporary legal status to 700,000 foreign nationals who came to the U.S. as children. The Department of Homeland Security first took…Kevin Daley -
- Opinion
Why the Supreme Court Got It Right on Gerrymandering
In a much-awaited decision, the Supreme Court held on Thursday in a 5-4 decision that partisan gerrymandering is a political question beyond the reach of the federal courts. This should come as no surprise, since it’s the same conclusion the court reached the last time this issue was before it in 2004 in a case…Hans von Spakovsky -
- News
New Supreme Court Ruling May Start Checking Power of Federal Bureaucrats
On Wednesday, the Supreme Court issued its highly anticipated ruling in Kisor v. Wilkie, a case challenging judicial deference to administrative agencies’ interpretation of their own regulations. While all nine members of the court agreed that the lower court was wrong to reflexively defer to the agency in this case, a majority was unwilling to…Elizabeth Slattery -
- News
In Gerrymandering Case, Supreme Court Rules It’s a Matter for Lawmakers, Not Judges
In a new decision, the Supreme Court determined partisan gerrymandering disputes are a political question, not something federal courts should be deciding. In a 5-4 ruling Thursday, the high court decided in a pair of cases regarding gerrymandering—which is the practice of state legislatures drawing up districts for congressional and state legislative seats to benefit…Fred Lucas -
- Opinion
Supreme Court Deserves Praise for Reversing Itself on Takings Clause
Our constitutional system assumes that federal courts serve to remedy an injustice created by officials in the legislative and executive branches. Unfortunately, federal courts, even the Supreme Court, sometimes are responsible for creating an injustice. Thirty years ago, the Supreme Court did that for property owners in Regional Planning Commission v. Hamilton Bank of Johnson…Paul J. Larkin -
- Opinion
Supreme Court Misses Opportunity to Stop Congress Outsourcing Its Power
Almost a year ago, we asked, “How much authority can Congress give to the attorney general to effectively write criminal laws?” In Gundy v. United States, a plurality of the Supreme Court has given its answer: as much as Congress wants to give. The plurality opinion, which was written by Justice Elena Kagan, was joined…GianCarlo Canaparo -
- News
Justice Ginsburg Hints at Outcome of Supreme Court’s Biggest Cases
Justice Ruth Bader Ginsburg suggested Friday that the Supreme Court is deeply divided over its most-watched cases, hinting that a series of 5-4 decisions are likely as the court approaches the end of its current term. Ginsburg said to the 2nd Circuit Judicial Conference the court was unlikely to achieve consensus on several high-profile matters….Kevin Daley