Legal News
Reports on lawmaking, constitutional issues, and court cases. The Daily Signal combines news reporting with conservative commentary and legal analysis.
-
- 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 -
- Opinion
3 Supreme Court Cases to Watch This Month
The Supreme Court is back in session this week. The justices will hear oral arguments in cases dealing with free speech, political gerrymandering, and the rights of criminal defendants. Here are three cases to watch. 1. Can states force pro-life centers to advertise for abortions? On March 20, the court will hear arguments in NIFLA…Elizabeth Slattery -
- News
Union ‘Opt-Out’ Measures Could Dilute Supreme Court Ruling, Teachers Worry
Government workers who don’t want to join unions should be able to “opt in” rather than “opt out” of union fees that finance political activism, some California teachers argue. “Unions don’t want people to know how to opt out; they harass you and bully you once you do try,” @4kidsandcountry says. Unless the nation’s highest…Kevin Mooney -
- Opinion
Progressive Activists Look to Courts to Undermine the Electoral College
Having failed to generate enough support to abolish the Electoral College through a constitutional amendment, the institution’s detractors are now looking to the courts to upend it. A new lawsuit, spearheaded by Harvard University law professor Lawrence Lessig and filed in four states, charges that the “winner-take-all” element of how states divvy up their Electoral…Jarrett Stepman -
- Opinion
Supreme Court Hears Ban on Political T-Shirts at the Polls
When was the last time a T-shirt or button influenced the way you voted? Probably never—but the state of Minnesota thinks its citizens are much more impressionable, so it banned voters from wearing items that could be construed as “political” at polling places. In addition to prohibiting express advocacy on behalf of a political candidate…Elizabeth Slattery -
- News
Mandatory Union Fees Divide Demonstrators as Supreme Court Hears Arguments
Government employees who don’t support the political activism of union leaders should not be forced to fund that activism, said demonstrators who turned out Monday at the Supreme Court building to support a free speech challenge of government-imposed union mandates. As the Supreme Court held oral arguments inside, The Daily Signal spoke with supporters and…Kevin Mooney -
- Opinion
6 Key Exchanges From Major Union Case at the Supreme Court
On Monday morning, the Supreme Court heard arguments in one of the most anticipated cases of the year, Janus v. American Federation of State, County, and Municipal Employees, Council 31. This case involves forcing public employees who opt out of union membership to pay a fee for the “fair share” of costs associated with collective…Elizabeth Slattery -
- News
The Supreme Court Just Issued Its Decision on Trump’s DACA Appeal
The U.S. Supreme Court Monday declined to review a lower court ruling requiring the federal government to continue administering the Deferred Action for Childhood Arrivals program. The decision is a blow to the Trump administration, which hopes to solidify its prerogative to revoke DACA as soon as possible. “It is assumed that the Court of Appeals will proceed…Kevin Daley -
- News
Judicial Picks Key to Deregulation, Reining in Bureaucracy, White House Counsel Says
Selecting federal judges and limiting government are the “flip side of the same coin,” White House counsel Don McGahn told conservative activists gathered outside Washington. McGahn spoke Thursday at the annual Conservative Political Action Conference in an interview conducted by Hillsdale College President Larry Arnn. As White House counsel, McGahn is the chief legal adviser…Fred Lucas -
- Opinion
The Clarence Thomas Witch Hunt Must Stop
On Monday, Jill Abramson penned a scurrilous article for New York magazine titled “The Case for Impeaching Clarence Thomas”—the latest in a long line of shameful attacks on the Supreme Court justice. Abramson, former executive editor of The New York Times, claims she has new evidence that proves Thomas lied at his confirmation hearing and…Tiffany Bates -
- Opinion
4 Cases to Watch at the Supreme Court This Month
The Supreme Court is scheduled to return to Washington next week after nearly a month off. The justices will hear a number of important oral arguments, including cases involving free speech, public employee unions, and digital privacy. Here are four cases to watch. Public Employee Unions and the First Amendment On Feb. 26, the Supreme…Elizabeth Slattery -
- News
Clarence Thomas Decries Victimhood Culture in Rare Public Remarks
Supreme Court Justice Clarence Thomas decried the contemporary culture of victimhood during public remarks, telling an audience at the Library of Congress that constant aggrievement would exhaust the country. Ever a touchstone for controversy on racial issues, Thomas related a story from a recent trip to Kansas, where a black college student told him she…Kevin Daley -
- Opinion
Justice Clarence Thomas Opens Up on Life, Faith, and His Interracial Marriage
Justice Clarence Thomas has served 27 terms on the U.S. Supreme Court, and agreed to become the 341st leader interviewed for my Daily Caller News Foundation series. Now at age 69, he is looking back on his life with gratitude and discernment with valuable lessons for others. People often want to define you by the…Ginni Thomas -
- Opinion
Why the Supreme Court Shouldn’t Bow to Government Agencies
Many Americans would be surprised to learn that a series of Supreme Court decisions allow officials in administrative agencies—rather than judges—to have the final say in interpreting statutes and rules. Administrative agencies touch on nearly every aspect of Americans’ daily lives—from highways to electricity to health, and often with limited supervision from the other branches…Elizabeth Slattery -
- Opinion
How Trump Changed the Courts in 2017
Even before he was president, Donald Trump was clear about how he would prioritize putting constitutionalists on the courts. And now, at the end of 2017, we can see how his presidency is already having an effect on the courts. On May 17, 2016, then-candidate Trump did something unprecedented. He released a list of 11…John G. Malcolm -
- Opinion
Supreme Court Tellingly Rejects Lower Court Roadblock to Elimination of DACA Program
On Dec. 20, in an unsigned, four-page opinion, the Supreme Court struck down a lower court order that severely burdened efforts by the Trump administration to end the Obama administration’s Deferred Action for Childhood Arrivals program, which has shielded certain younger illegal aliens from deportation. This is good news, a helpful sign that the Supreme…Alden Abbott -
- Opinion
We Hear You: Jack Phillips’ Fight at the Supreme Court ‘Is a Fight for All of Us’
Editor's note: With the case of Jack Phillips and Masterpiece Cakeshop going before the Supreme Court on Tuesday, we thought we'd highlight some of the responses The Daily Signal has received, including to the latest video profile on the story produced by Kelsey Harkness, Lauren Evans, and Michael Goodwin. Be sure to write us at [email protected].—Ken…Ken McIntyre -
- Opinion
Meet These 2 Trump Judicial Nominees Who Just Fielded Questions in the Senate
This week, the Senate Judiciary Committee considered two of President Donald Trump’s best nominations to date—Kyle Duncan for the 5th U.S. Circuit Court of Appeals, and David Stras for the 8th U.S. Circuit Court of Appeals. Committee Chairman Charles Grassley, R-Iowa, scheduled the hearing over the protest of Sen. Al Franken, D-Minn., who refused to…Elizabeth Slattery -
- Opinion
Supreme Court Asks New Questions About Privacy and Phone Tracking Technology
The Supreme Court held oral argument in Carpenter v. United States on Wednesday, a significant case involving the Fourth Amendment and technology. The question facing the justices is: Does the government have to get a search warrant in order to obtain a cellular service provider’s business records of the location of a customer’s cellphone, and…John-Michael Seibler -
- News
After Declining to Make a Wedding Cake, He’s Going to the Supreme Court. Here’s How That Journey Challenged His Faith.
LAKEWOOD, Colorado—”How did we end up at the Supreme Court? It’s a long story,” Jack Phillips, owner of Masterpiece Cakeshop, told The Daily Signal. The story began in 2012, when two men walked into his family-run bakery, and asked Jack to create a custom cake for their same-sex wedding ceremony. Because of his Christian faith,…Kelsey Bolar