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 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 The nomination must be withdrawn.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… -
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…. -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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…. -
news
Christian Florist Will Appeal to the Supreme Court in Same-Sex Wedding Dispute
A florist who refused to create floral arrangements for a same-sex wedding will appeal to the U.S. Supreme Court after a Washington state court ruled Thursday that she violated the state’s civil rights law. The case presents the high court with an opportunity to decide whether conservative religious believers can use the First Amendment as… -
news
Justice Clarence Thomas Has ‘No Idea’ Where Retirement Rumors Are Coming From
Supreme Court Justice Clarence Thomas said Monday he has no idea why rumors about his retirement have circulated in recent months. Speaking with private equity tycoon David Rubenstein before the Supreme Court Historical Society, Thomas seemed to say that speculation as to his possible departure is meritless. Some court-watchers have wondered if Thomas, 70, might like to… -
opinion
Clarence Thomas Shows Left’s Hypocrisy on Discrimination
Supreme Court Associate Justice Clarence Thomas is, once again, under attack. And, once again, the attacks are from liberals who cannot tolerate Thomas’ consistent, unyielding and faithful commitment to America’s founding principles. The latest concerns Thomas’ 20-page opinion offered up in Box v. Planned Parenthood of Indiana and Kentucky, recently considered by the Supreme Court…. -
opinion
Supreme Court Rejects Case On Transgender Bathrooms. Here’s Why It’s Still a Huge Issue.
The Supreme Court rejected a case regarding school policy in a district which allows transgender students to use bathrooms of their choice. On Tuesday, the Supreme Court denied cert to Doe v. Boyertown Area School District, a case concerning a gender identity bathroom and locker room policy at a Pennsylvania high school. In declining to… -
news
MLK’s Niece Applauds Clarence Thomas for Linking Abortion, Eugenics
Supreme Court Justice Clarence Thomas is right to call out some abortions as a form of eugenics, a niece of civil rights icon Martin Luther King Jr. told The Daily Signal. Thomas’ concern, expressed in a Supreme Court opinion Tuesday, is not only relevant but “keeps truth, hope, and justice alive,” Alveda King said the… -
news
Kavanaugh’s DC Circuit Colleague Is Speaking Out About His Confirmation
Judge Patricia Millett, a onetime colleague of Justice Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit, spoke publicly about his contentious confirmation to the Supreme Court, expressing regret for all involved while commending Kavanaugh as an excellent colleague. Millett is an Obama appointee who served on the D.C. Circuit with Kavanaugh… -
news
Amy Coney Barrett Speaks Out on Religious Tests for Judges
Judge Amy Coney Barrett spoke publicly about her contentious confirmation for the 7th U.S. Circuit Court of Appeals, saying religious views don’t impair the fulfillment of one’s official obligations. Democrats on the Senate Judiciary Committee asked Barrett, who is on President Donald Trump’s shortlist for the Supreme Court, about how her Catholic religious views might affect… -
news
Supreme Court Declines Review of Transgender Bathroom Case
The United States Supreme Court declined to review a case Tuesday involving a Pennsylvania school district opening up bathrooms to students of the opposite sex without informing students or parents. The Supreme Court declined to take up Doe v. Boyertown Area School District, a lawsuit that alleges the school violated students’ fundamental right to bodily privacy…. -
opinion
Problematic Women: Leave Brett Kavanaugh Alone
Months after his confirmation, the left is still talking about Justice Brett Kavanaugh. Elizabeth Slattery, a legal fellow at The Heritage Foundation, joins us to explain former President Bill Clinton’s accusations against him, the 10th U.S. Circuit Court’s ruling dismissing claims against the justice, and if there’s any end in sight to the continued character…