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
Kavanaugh Rules by the Law, Even in Tough Cases
Article 30 of the Massachusetts Constitution, authored by John Adams and adopted in 1780, calls for a “government of laws and not of men.” The principle referred to as “the rule of law” sounds nice in the abstract and fits comfortably in easy situations, but is truly tested in the tough cases. In the tough…Thomas Jipping -
- Opinion
The Latest Ploy Liberals Are Using to Try to Block Kavanaugh
Perhaps one day a court will find that Donald Trump conspired with his personal lawyer Michael Cohen to pay nondisclosure agreements meant to silence his mistresses. Perhaps one day the House will impeach Trump for breaking those campaign finance laws, and then maybe the Senate will also remove him from office. Those are the mechanisms…David Harsanyi -
- News
His Dad Immigrated From Cuba. He Clerked for Kavanaugh. They Both Love the Constitution.
Roman Martinez’s father immigrated from Cuba to the United States after communist dictator Fidel Castro took power. Because of that, Martinez says he has a unique appreciation for the U.S. Constitution. That appreciation led him to pursue a career in law, which in 2008 led him to a clerkship with Judge Brett Kavanaugh on the D.C. Circuit Court…Kelsey Bolar -
- News
On the Street: Activists Protesting Kavanaugh Refuse to Talk About Why
Almost 20 special-interest groups organized a “Working Women Will #StopKavanaugh” demonstration on Wednesday, hoping to encourage senators to oppose Supreme Court nominee Brett Kavanaugh’s nomination and delay his confirmation hearings scheduled to begin after Labor Day. But when we took our cameras to the event, none of the “working women” or other activists would talk…Genevieve Wood -
- Opinion
#TimesUp Gets Hijacked to Push Anti-Kavanaugh Political Agenda
When the issue of workplace sexual harassment and assault becomes political, something has gone terribly wrong. Something has gone terribly wrong with the individuals leading that fight, and something has gone terribly wrong with the organizations backing it. So is the case for the Time’s Up Legal Defense Fund, established to advance the #MeToo movement….Kelsey Bolar -
- News
How a DC Internship Transformed This Future State Supreme Court Justice’s Life
Clint Bolick entered college pursuing a career in teaching and politics. But then a summer internship with The Fund for American Studies placed him in Sen. Orrin Hatch’s office and changed his life forever. It was the summer before his senior year at Drew University, a liberal arts school on the outskirts of New York…Kayla Sarin -
- Opinion
How Kavanaugh Meets Schumer’s Standard for Sotomayor
In 2009, current Senate Minority Leader Chuck Schumer told Supreme Court nominee Sonia Sotomayor that “your record on the bench” was “the best way to get a sense of what your record will be on the bench in the future.” That commonsense principle was right then, and it remains right today as the Senate Judiciary…Thomas Jipping -
- News
Separation of Powers, Rule of Law Will Guide Kavanaugh’s Decisions, Legal Experts Say
Legal experts say that decisions by Judge Brett Kavanaugh, President Donald Trump’s nominee to the Supreme Court, will be based on the separation of powers and the rule of law. “[Kavanaugh] has really emphasized that to keep accountability in government, that the role of Congress and the role of the executive [branch] as being the elected…Rachel del Guidice -
- Opinion
How Kavanaugh’s Hearing Will Spotlight the Separation of Powers
President James Madison once described how government reflects human nature. It also could be said that the confirmation of Supreme Court justices puts a spotlight on the nature of government. The debate over any judicial nomination, especially to the Supreme Court, puts into very sharp relief the two different views of how much power judges…Thomas Jipping -
- News
Supreme Court Nominee Kavanaugh’s Confirmation Hearings to Begin Sept. 4
The confirmation hearings for federal appeals court Judge Brett Kavanaugh’s nomination to become the next Supreme Court justice will begin on Sept. 4 and last three to four days, Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, announced Friday. Grassley’s announcement comes as Senate Democrats sought to further stall the hearings, demanding more documents on Kavanaugh’s…Fred Lucas -
- Opinion
On Kavanaugh and Health Coverage: The Sky Is Not Falling
It’s been about five weeks since President Donald Trump announced his nomination of Brett Kavanaugh to the Supreme Court. Ever since, Trump’s opponents have been throwing a lot of spaghetti at the wall, trying to find some negative argument or way of framing this nomination that will get some traction. We’re past the silly season…Dominic Bayer -
- News
What Kavanaugh Is Like Behind the Scenes: Former Clerks Share Stories
When Sarah Pitlyk, a graduate of Yale Law School, was months away from starting her clerkship for Judge Brett Kavanaugh, she was worried if she would be able to balance this opportunity while being a mom to her 1-year-old son. “I got a call from Judge Kavanaugh, and he just put it out there: You’re…Fred Lucas -
- Opinion
In Past Years, Feinstein, Schumer Said Nominee’s Judicial Record Most Important
When President Donald Trump last month announced his nomination of federal Judge Brett Kavanaugh to the U.S. Supreme Court, Senate Minority Leader Chuck Schumer said that the “American people deserve to know what kind of a justice” Kavanaugh would be. He’s right. How do you measure something like the “kind of a justice” a nominee…Thomas Jipping -
- Opinion
This Case Presents Perfect Opportunity for Courts to Push Back on Federal Agencies
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…Anthony Caso -
- Opinion
5 Absurd Excuses the Left Is Using to Delay Brett Kavanaugh
Senate Democrats have done an about-face on Judge Brett Kavanaugh’s Supreme Court nomination. At first, they had no doubt that Kavanaugh was nothing less than an existential threat to the Constitution. If he were confirmed, they said, millions of lives would be lost and the future of America would be nasty, brutish, and short. Now,…Christopher Baldacci -
- News
Fight Over Proper Reading of Constitution to Figure Prominently in Kavanaugh’s Hearings, Experts Say
Legal experts say the fight for the original meaning of the Constitution will play a significant role in the confirmation process for President Donald Trump’s Supreme Court nominee. “The fork in the road as it plays out in the Supreme Court is now going to be the centerpiece of these confirmation hearings,” said John Eastman,…Rachel del Guidice -
- Opinion
No, Brett Kavanaugh Does Not Believe Presidents Are Above the Law
In less than three weeks, opponents of Judge Brett Kavanaugh’s nomination to the Supreme Court have become completely unhinged. Sen. Cory Booker, D-N.J., has actually said that supporting the Kavanaugh nomination means being “complicit” in “evil.” Here’s how the smear campaign is unfolding. First, Democrats said silly things like suggesting that Kavanaugh’s purchase of Washington…Thomas Jipping -
- Opinion
What Brett Kavanaugh’s Previous Hearings Tell Us About His Judicial Philosophy
Hours after President Donald Trump announced his nomination of Judge Brett Kavanaugh to the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., said: “The American people deserve to know what kind of a Justice President Trump’s nominee would be.” He’s right—and the answer to that question is readily available in Kavanaugh’s record. Each nominee has…Scott French -
- Opinion
Democrats Keep Moving Goal Posts on Brett Kavanaugh’s Nomination
Senate Democrats are trying to use the magician’s trick of misdirection to cast doubt on Judge Brett Kavanaugh’s fitness for the Supreme Court. It won’t work. Every nominee to every position in the executive and judicial branches has a record—his or her unique combination of professional and personal activities. Parts of that record might be…Thomas Jipping -
- Opinion
Right Side of History: The 7 Biggest Supreme Court Political Controversies
“The Right Side of History” is a podcast dedicated to exploring current events through a historical lens and busting left-wing myths about figures and events of America’s past. On this week’s episode, hosts Jarrett Stepman and Fred Lucas discuss the top political controversies in Supreme Court history. The Supreme Court hasn’t just been controversial because of…Jarrett Stepman