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
Supreme Court Upholds Baker’s Right to Disagree With Gay Marriage in Marketplace
Monday’s 7-2 Supreme Court decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission is a big win for the religious liberty of all Americans. The court made it clear that hostility toward religion has no place in America, least of all in our government. At the center of Masterpiece Cakeshop is Jack Phillips, the Christian…Ryan T. Anderson -
- Opinion
In Cake Case, 7 Supreme Court Justices Uphold Free Exercise of Religion
The U.S. Supreme Court ruled 7-2 Monday that a Colorado baker’s right to exercise his religion had been denied when a state agency penalized him for declining, based on his religious beliefs, to create a custom cake for a same-sex wedding. Justice Anthony Kennedy wrote the opinion, and even liberal Justices Stephen Breyer and Elena…Thomas Jipping -
- Opinion
This Supreme Court Case Could Change Online Shopping Overnight
Online commerce as we know it could soon radically change. In a case it recently heard, the Supreme Court could eliminate the current requirement that a business have some physical connection with a state before the state can tax the business. If that were to happen, consumers would pay more for goods ordered online, small…Jonathon Hauenschild -
- Opinion
No, 5 Men on the Supreme Court Did Not Just Decimate #MeToo
Last week, the Supreme Court released its opinions for Epic Systems Corp. v. Lewis, and the majority holding set off a firestorm of criticism from advocates for the #MeToo campaign against sexual assault and harassment. Some advocates went so far as to accuse five men (the case was decided by a 5-4 majority) of seriously…Amy Swearer -
- Opinion
Supreme Court to Police: Get Off the People’s Lawn
This week, the Supreme Court held that the Fourth Amendment does not permit a police officer to enter uninvited onto someone’s driveway to search a parked vehicle, without first obtaining a warrant. That’s an important ruling, since no one wants police officers roaming across their private property searching for evidence of a crime. But Justice…Elizabeth Slattery -
- Opinion
Democrat Obstruction in the Senate Is Hurting Our Courts
Our federal courts are facing a vacancy crisis like never before. The number of judicial vacancies across the federal bench has averaged 142 so far this year. The only year that came close to this was 1991, which had an average of 138 vacancies—but that was shortly after Congress created 85 new judicial positions. More…Thomas Jipping -
- News
Trump Taps State Farm Team in Remaking Federal Courts
The staffs of state attorneys general have become fertile ground for President Donald Trump to pick appeals court judges, as the president has shifted the federal judiciary in a direction more in line with respecting state authority. “They recruited the best and the brightest to serve their state and now the Trump administration is nominating…Fred Lucas -
- Opinion
Senators Need to Stop Asking Judicial Nominees Their Personal Views
On Thursday, in the Senate Judiciary Committee’s business meeting, Chairman Charles Grassley, R-Iowa, addressed efforts to force judicial nominees to express personal views on issues or cases in their confirmation hearings. Senators routinely press nominees, for example, to say whether particular Supreme Court precedents, such as Brown v. Board of Education or Roe v. Wade, were correctly decided….Thomas Jipping -
- Opinion
Trump, Republicans Changing Lower Courts for the Better
If all Donald Trump did with these four years was balance the courts, his presidency would still be a success. Lucky for us, he’s got his sights set on a lot more than that—and a pile of accomplishments to prove it. But in an age when more decisions are being snatched out of his hands…Tony Perkins -
- Opinion
Supreme Court Rules for Federalism in Sports Betting Case
On Monday, the Supreme Court struck down a federal law that prevented states from legalizing sports betting in Murphy v. NCAA. The ruling struck a blow against federal overreach and restored to states the power to set their own policies related to gambling. The court ruled 7-2, with Justice Stephen Breyer joining all but one…Elizabeth Slattery -
- News
6 More Judicial Nominees Advance in Trump Bid to Reshape Judiciary
President Donald Trump is completing a strong week, and is set to kick off a strong next week, in his push to reshape the federal courts, with Senate Republicans forcing votes on six more of his judicial nominees. Despite the Democrat minority in the Senate using procedures to delay many confirmation votes, Senate Majority Leader…Fred Lucas -
- Opinion
Senate Confirms ‘the Neil Gorsuch of Louisiana’ to High-Ranking Federal Bench
The Senate voted 50-47 on Tuesday to confirm all-star appellate lawyer Kyle Duncan to the 5th U.S. Circuit Court of Appeals. Duncan is President Donald Trump’s 15th circuit court nominee to be confirmed since taking office. Dubbed by Louisiana Attorney General Jeff Landry as “the Neil Gorsuch of Louisiana,” Duncan is currently a lawyer in private…Tiffany Bates -
- Opinion
Supreme Court Hears Case on Internet Sales Tax
Should online retailers have to collect sales taxes for states? That’s the central question in South Dakota v. Wayfair, a case dealing with the state’s attempt to force out-of-state retailers to collect sales taxes when its residents make a purchase online. The Supreme Court heard oral argument this week about whether it should overturn Quill Corp….Elizabeth Slattery -
- Opinion
Gorsuch Defends the Rule of Law in Immigration Case
If you take anything away from Justice Neil Gorsuch’s opinion concurring with the Supreme Court’s so-called “liberal” bloc in an immigration case this week, it should be his continued faithfulness to the rule of law and the separation of powers. In Sessions v. Dimaya, Justice Elena Kagan wrote the court’s opinion—joined by Justices Ruth Bader…John-Michael Seibler -
- Opinion
3 Cases to Watch as the Supreme Court Begins to Wrap This Term
This week marks the start of the Supreme Court’s final oral argument sessions of the current term. The justices will hear arguments in several important cases, including challenges to the constitutionality of administrative law judges, state sales taxes for out-of-state online retailers, and the infamous Trump “travel ban,” making this month one to watch. South…Sarah Williams -
- Opinion
Neil Gorsuch Just Finished Year 1 on the Supreme Court. Here’s How He’s Making His Mark.
Tuesday marked the one-year anniversary of Neil Gorsuch taking his seat on the Supreme Court. In his first year, he has proven to be—as Donald Trump promised during his campaign—“very much in the mold” of Justice Antonin Scalia, whom he succeeded on the court. Gorsuch quickly planted himself squarely in the textualist camp, aligning most closely with…Elizabeth Slattery -
- Opinion
Bungling Judicial Precedent, Federal Court Upholds AR-15 Ban
Last week, a federal judge for the District Court for Massachusetts granted a motion to dismiss a lawsuit challenging the state’s prohibition of so-called “assault weapons,” such as the AR-15 semi-automatic rifle. Judge William Young held that the AR-15 and similar weapons aren’t protected by the Second Amendment, because they were originally designed for military…Amy Swearer -
- News
How Local Right-to-Work Battles Could Land at Supreme Court
If a federal court strikes down a local right-to-work ordinance in Illinois, the case could move up to the Supreme Court, according to legal analysts who have argued in favor of similar initiatives in other parts of the country. That’s because a negative ruling from a three-judge panel of the 7th U.S. Circuit Court of…Kevin Mooney -
- Opinion
Supreme Court Keeps Tax Code From Becoming a Dragnet
Here’s a win for limited government and the rule of law, tailor-made for tax season. In Marinello v. United States, a 7-to-2 majority of the Supreme Court limited the government’s sweeping interpretation of the tax code’s criminal catch-all provision, which prohibits “corruptly … endeavor[ing] to obstruct or impede the due administration” of the tax code….John-Michael Seibler -
- Opinion
How Courts and Legislatures Are Disempowering Parents to Push Transgender Agenda
Recent developments in America’s courts and legislatures have brought home a reality that I discussed in this space last summer: Transgender activists seek to undermine parental rights. Transgenderism is part of a movement that is hostile to traditional family life. The traditional family is based on the idea that the needs of children are supplied…Scott Yenor