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
What Brett Kavanaugh’s Speeches Tell Us About His Judicial Approach
As the Senate begins the confirmation process for Supreme Court nominee Brett Kavanaugh, senators must evaluate Kavanaugh’s qualifications to determine what kind of justice his will be.. Some parts of his record, such as his service in the executive branch, are not relevant to that question, while other parts, especially his judicial opinions and many…Dominic Bayer -
- Opinion
Brett Kavanaugh’s Defense of Second Amendment Is Hardly ‘Extremist’
From the moment President Donald Trump nominated Judge Brett Kavanaugh to fill Justice Anthony Kennedy’s Supreme Court seat, gun control advocates have presented a seemingly endless string of accusations about Kavanaugh’s “dangerous views” on the Second Amendment. Taken together, the denunciations of his jurisprudence spell out a parade of horribles that make the judge appear…Amy Swearer -
- News
Liberal Group Behind Resistance to Supreme Court Pick Hides Its Funding
A left-leaning advocacy group that plans to spend millions opposing Judge Brett Kavanaugh’s nomination to the Supreme Court has obscured funding sources through an opaque organizational structure. Conservative advocacy groups dramatically outpaced liberal efforts on judicial confirmations in recent years, dominating the fundraising and communications space around Supreme Court nominations. But some Democratic operatives have formed…Kevin Daley -
- Opinion
Why the Supreme Court Should Be More Like the Last Super Bowl
Justice Anthony Kennedy’s retirement, leading to President Donald Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court, has thrown progressives, the Democratic Party, and the news media into an out-and-out tizzy. The online magazine Slate declared, “Anthony Kennedy Just Destroyed His Legacy as a Gay Rights Hero.” The New York Times’ editorial board said…Walter E. Williams -
- Opinion
Here’s How Senators Can Best Evaluate Brett Kavanaugh
The process for appointing all federal judges is the same, and it includes three steps: the president nominates, the Senate Judiciary Committee holds a hearing, and the full Senate votes. President Donald Trump has taken the first step in this process by nominating Judge Brett Kavanaugh to succeed retiring Supreme Court Justice Anthony Kennedy. The…Thomas Jipping -
- News
Yale Faculty, Students, and Alumni Praise Brett Kavanaugh in Counter Letter
After an open letter from Yale Law School students and faculty condemned the nomination of Judge Brett Kavanaugh to the Supreme Court, supporters of Kavanaugh from Yale Law published a letter Thursday praising President Donald Trump’s decision. “We write as students, alumni, and faculty proud of our alma mater,” the letter reads. “We join Yale Law…Kyle Perisic -
- Opinion
We Hear You: The President Gets to Fill Another Supreme Court Vacancy
Editor's note: Our audience paid close attention to the news that Justice Anthony Kennedy's retirement gave President Donald Trump a second opportunity to appoint a conservative to the Supreme Court. He did so 12 days later. Here's a sampling of the early response. Send your own views to [email protected].—Ken McIntyre Dear Daily Signal: Everyone is…Ken McIntyre -
- News
Female Colleagues Defend Kavanaugh Against Feminist Group’s ‘Smear’
Former female colleagues and employees of federal Judge Brett Kavanaugh are defending him against an attack by a liberal feminist group calling for an investigation of whether he knew about the bad behavior of a former boss. In the early 1990s, Kavanaugh—now President Donald Trump’s nominee for the Supreme Court seat of retiring Justice Anthony…Fred Lucas -
- Opinion
Democrats Don’t Fear Brett Kavanaugh. They Fear the Constitution.
Sure, some of the anger aimed at President Donald Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court is partisan bluster meant to placate the activist base. Still, most Democrats were going to get hysterical about any pick, because any conservative pick was going to take the Constitution far too literally for their liking….David Harsanyi -
- News
Justice Elena Kagan’s Scholarly Connection With Brett Kavanaugh
A surprise shoutout from President Donald Trump’s conservative Supreme Court nominee to one of the high court’s liberal justices proved to be a rare note of civility amid the partisan rancor from the left surrounding the pick. If the Senate confirms D.C. Circuit Judge Brett Kavanaugh for the court, he already will be on familiar…Ken McIntyre -
- Opinion
There They Go Again: The Left Uses Old Scare Tactics Against Supreme Court Nominee
President Donald Trump’s nominee for the Supreme Court, Judge Brett Kavanaugh, is now making the rounds in the Senate in advance of his confirmation hearings. Kavanaugh is the kind of jurist that our system of government was designed for: fair, impartial, and faithful to the Constitution. Many far-left groups, and therefore, many Senate Democrats, will…Thomas Jipping -
- Opinion
The Left Wants to Delay Brett Kavanaugh’s Confirmation. Here’s Why That Makes No Sense.
The Constitution grants the responsibility of nominating federal judges to the president. The process concludes with the “advice and consent” of the Senate. Over 600 judges currently sit on U.S. district courts, nearly 200 at the appellate level, and nine who make up the Supreme Court. Both Republican and Democratic presidents have generally enjoyed wide…Armstrong Williams -
- News
Conservatives Poke Fun at Left’s Attacks on ‘Frat Boy’ Kavanaugh
Brett Kavanaugh, President Donald Trump’s nominee to replace retiring Supreme Court Justice Anthony Kennedy, has faced an interesting line of attacks relating to his personal life, including regarding his name, with pro-abortion group NARAL calling him a “frat boy,” and late-night talk show host Stephen Colbert saying his name sounded like that of a waiter…Jeremiah Poff -
- News
What Kavanaugh Was Secretly Caught Doing Hours After Trump’s Nomination Will Silence the Critics
President Donald Trump nominated Judge Brett Kavanaugh for the U.S. Supreme Court on Monday night. His nomination has set off a generational fight over the future of the high court. Interest groups and grassroots organizers plan to make his confirmation the marquee fight of the Trump presidency. Democrats are already promising all-out resistance. The nomination…Kevin Daley -
- News
The Role Kavanaugh Played in the Starr Investigation of Clinton
Just when it seems the soap opera of the Clinton scandals had faded into a distant memory, it could re-emerge in the coming battle for the Supreme Court. President Donald Trump’s nominee to serve on the high court, Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit, was a…Fred Lucas -
- News
‘People Will Die’: Students, Faculty Outraged Yale Signals Support for Kavanaugh, an Alumnus
Yale Law School students and faculty wrote and signed an open letter to the dean Tuesday, criticizing Brett Kavanaugh’s nomination to the Supreme Court and saying that “people will die if he is confirmed.” The authors and signers of the letter asked Yale Law School Dean Heather K. Gerken to “use your authority and platform to expose…Kyle Perisic -
- News
Why His Female Law Clerks Are Among Brett Kavanaugh’s Biggest Advocates
After several women’s rights organizations suggested President Donald Trump’s pick for the next Supreme Court justice doesn’t have the support of women, a group of former female clerks came out to defend their former boss, Judge Brett Kavanaugh. “More than 50 percent of his law clerks have been women,” said Jennifer Mascott, a law clerk…Kelsey Bolar -
- Opinion
The Facts About Kavanaugh’s Record on Religious Liberty, Obamacare, and Presidential Powers
This is a lightly edited transcript of an interview on the July 10 episode of The Daily Signal podcast. Katrina Trinko: Joining us today is Elizabeth Slattery, a legal fellow at The Heritage Foundation and the host of “SCOTUS 101,” her terrific podcast on Supreme Court matters. Elizabeth, what did you think about President Trump’s decision to pick Brett…Katrina Trinko -
- Opinion
Liberal Professor Comes Out in Favor of Kavanaugh, Left Pounces
Predictably, President Donald Trump’s Supreme Court pick has been met with mostly hysteria on the left. Even before Trump picked D.C. Circuit Court Judge Brett Kavanaugh to replace Associate Justice Anthony Kennedy on the Supreme Court, left-wing publications were floating absurd court-packing plans to counter him. Stacking the Supreme Court with more unelected judges, they…Jarrett Stepman -
- News
Fellow Former Kennedy Law Clerk ‘Tremendously Impressed’ by Kavanaugh
The day after President Donald Trump announced his nomination of federal Appeals Court Judge Brett Kavanaugh to replace the retiring Justice Anthony Kennedy on the Supreme Court, a former fellow Kennedy law clerk is praising his erstwhile colleague. “I am tremendously impressed with the guy,” John Elwood, now a partner at Vinson & Elkins,…Ginny Montalbano