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
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 -
- News
Here’s What Happened the Last Time Democrats Tried to Deny Brett Kavanaugh a Court Seat
After the president nominated Brett Kavanaugh for a key court vacancy, Democrats sought to obstruct. Sen. Dick Durbin, D-Ill., resorted to name-calling. The New York Times chimed in to call Kavanaugh “unqualified.” That’s what happened when President George W. Bush named Kavanaugh to the U.S. Court of Appeals for the District of Columbia Circuit in…Fred Lucas -
- Opinion
Podcast: Why Brett Kavanaugh Is a Solid Pick
The Heritage Foundation’s Elizabeth Slattery joins us to explain why, contra some protests from the right (and a lot of fear mongering from the left), Brett Kavanaugh will make an excellent Supreme Court justice. Plus: Heritage’s Lyndsey Fifield, who was at the Supreme Court during the protests the night of Kavanaugh’s appointment, describes what it…Katrina Trinko -
- Opinion
Chuck Schumer’s Brazen Fable About Nominees and Supreme Court Precedents
Hours before President Trump announced his nomination of D.C. Circuit Judge Brett Kavanaugh for the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., outlined his demands for the nominee. He would, Schumer said Monday on the Senate floor, demand from Kavanaugh “an affirmative statement of support” for certain Supreme Court precedents and positions on particular legal…Thomas Jipping -
- News
Harvard Law Professor Alan Dershowitz Dismisses Liberal Hysteria Over Trump’s SCOTUS Pick
Harvard law professor Alan Dershowitz defended President Donald Trump’s Supreme Court pick Brett Kavanaugh on “Fox & Friends” Tuesday and rebuked liberals for their vocal opposition. “He went to Yale law school and he taught at Harvard. What can be wrong with that,” Dershowitz said. “He has a lot of support from centrist academics. He is regarded…Nick Givas -
- Opinion
27 Reactions From Liberals on Kavanaugh
Following President Donald Trump’s announcement that D.C. Circuit Judge Brett Kavanaugh will be his Supreme Court nominee, the left took to Twitter to air its grievances. Sen. Elizabeth Warren, D-Mass. 2. Democratic strategist Peter Daou, who advised Hilary Clinton 3. James Kosur of Hill Reporter 4. Christian pastor and author John Pavlovitz 5. Sen. Chris Murphy,…Katherine Rohloff -
- News
Newt Gingrich Gives the Nod to Kavanaugh for Supreme Court: ‘Knocked It Out of the Park’
Former House Speaker Newt Gingrich praised President Donald Trump’s Supreme Court pick Brett Kavanaugh Tuesday and said he knocked it “out of the park.” “I think this was the best performance by the president so far,” Gingrich said on “Fox & Friends.” “You take the total consultation, the way he has approached it. The quality of his…Nick Givas -
- News
8 Things to Know About Supreme Court Nominee Brett Kavanaugh
President Donald Trump nominated Judge Brett Kavanaugh to the Supreme Court in a prime-time announcement Monday night. If confirmed by the Senate, Kavanaugh would replace retiring Justice Anthony Kennedy to give the court a likely solid 5-4 conservative majority. “Throughout legal circles, he is considered a judge’s judge, a true thought leader among his peers,”…Fred Lucas -
- Opinion
Trump Hits Another Home Run With Supreme Court Pick Brett Kavanaugh
President Donald Trump announced on Monday night his nomination of D.C. Circuit Judge Brett Kavanaugh to succeed Justice Anthony Kennedy on the Supreme Court. Kavanaugh, who was included in The Heritage Foundation’s original list of potential Supreme Court nominees, is a very promising choice. The battle lines were already drawn before Trump made his announcement,…John G. Malcolm -
- News
Trump’s Supreme Court List Down to Final Three
President Donald Trump has narrowed down his list of potential Supreme Court nominations to three candidates. With days remaining until Trump makes an expected selection announcement, his choice to replace retiring Justice Anthony Kennedy is down to three federal appeals judges: Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, reported The Associated Press. The candidate interview process has…Molly Prince -
- Opinion
Canada’s Supreme Court Relegates Religious Beliefs to Second-Tier Status. America, Be Warned.
Canada’s Supreme Court recently ruled 7-2 against Trinity Western University, prioritizing sexual orientation over the free exercise of religion. This ruling should serve as a warning flag to U.S. citizens. Canada was only nine years ahead of the United States in redefining marriage. If the U.S. does not change direction, we could follow in Canada’s…Emilie Kao -
- Opinion
Democrats Are Using Shallow Arguments to Hold Up the Next Supreme Court Nominee. Here’s Why They Won’t Work.
Three signs suggest that Democrats already believe they won’t have the votes to defeat President Donald Trump’s nominee to replace Justice Anthony Kennedy. First, Democrats no longer have the filibuster to prevent confirmation votes. They abolished filibusters for all but Supreme Court nominations in 2013 and Republicans took Supreme Court nominations off the filibuster table…Thomas Jipping -
- Opinion
Meet the 6 Stellar Judges Leading the Pack on Trump’s Supreme Court Short List
President Donald Trump is expected to announce July 9 his nominee to replace Justice Anthony Kennedy on the Supreme Court. In 2016, Trump put together a list of potential Supreme Court picks during his campaign for president and has amended it twice—bringing the current total to 25 highly qualified conservative individuals. I will be making…Elizabeth Slattery -
- Opinion
In Janus v. AFSCME, Supreme Court Throws Out Bad Precedent on ‘Compelled Speech’
On the last day of its 2017-18 term, the Supreme Court’s decision in Janus v. AFSCME on Wednesday strengthened the First Amendment right to free speech and showed how the court should analyze whether to overrule one of its previous decisions. In the labor context, a “bargaining unit” is a group of employees with clear…Thomas Jipping -
- News
Supreme Court Strikes Down Mandatory Union Fees for Government Employees
The Supreme Court ruled 5-4 Wednesday that nonunion government workers can't be forced to pay dues or other fees to support a union, further diminishing the power of organized labor and setting up what right-to-work proponents called the “hard work” of protecting free speech rights for the nation's government employees. Right-to-work advocates also expressed concern…Kevin Mooney -
- Opinion
17% of Judicial Positions Are Now Vacant
As Sen. Bob Dole once said, the judges a president appoints may be his most profound legacy. Federal judges have become increasingly powerful, much more so than America’s Founders intended. For our system of government to work as designed and to produce the liberty it promises, presidents must appoint the right kind of judges. President…Thomas Jipping -
- Opinion
Supreme Court Usurps Power of Congress, Regulates Interstate Commerce
Thursday’s Supreme Court decision in South Dakota v. Wayfair, Inc. threatens to upend online commerce, drive thousands of small entrepreneurs out of business, and hike prices for hundreds of millions of consumers. Under prior law, states could not force remote retailers to collect and remit sales taxes on their behalf unless the business had a…Joel Griffith -
- Opinion
Supreme Court Botches Wayfair Ruling, Putting Small Online Businesses at Risk of New Taxes
Small online businesses and consumers around the country will suffer the most from the Supreme Court’s ruling Thursday in South Dakota v. Wayfair Inc. It’s now up to Congress to protect internet retailers from taxes imposed by states other than their own. The court essentially ruled that all 50 states and the tens of thousands…Adam Michel -
- Opinion
What We Need in Our Federal Judges
The level of conflict over President Donald Trump’s judicial nominations exceeds anything in recent memory. That conflict will only escalate should a new vacancy occur on the Supreme Court—a possibility that has been floated in recent months. In one important way, the process of appointing federal judges is similar to any hiring process: It must…Thomas Jipping -
- Opinion
Podcast: The Legal Grounds on Which Jack Phillips Won Supreme Court Case
The Heritage Foundation’s Emilie Kao joins us to discuss the Supreme Court ruling Monday on the case of Jack Phillips, a Christian baker who refused to make a cake for a same-sex wedding. Plus: Bill Clinton gets defensive about Monica Lewinsky and the #MeToo movement.Katrina Trinko