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 You Need to Know About the Transgender Case at the Supreme Court
This interview, which is lightly edited, originally aired on “Problematic Women.” Lauren Evans: Welcome back. Virginia and I are in the studio today with religious liberty superstar Emilie Kao. Emilie is an attorney and director of the Richard and Helen DeVos Center for Religion and Civil Society at The Heritage Foundation and has spent the past… -
news
Justices Return for a Momentous Supreme Court Term
The Supreme Court returns from its summer hiatus Monday to begin an election year term heavy on politically salient disputes. The high court’s docket for the coming months is a genuine gantlet of highly polarizing disputes that could make the relative comity of its previous term impossible to replicate. The justices will decide by June… -
opinion
What’s at Stake in Supreme Court’s ‘Sex Discrimination’ Case
This week, the Supreme Court will hear oral arguments in cases that ask whether Title VII of the Civil Rights Act of 1964, which bans employment discrimination on the basis of sex, extends to discrimination on the basis of sexual orientation and transgender status. It’s an odd legal argument, given that the public meaning of the… -
news
Supreme Court Remains Respected Despite Kavanaugh Turmoil
A pair of recent surveys suggest that Justice Brett Kavanaugh’s contentious confirmation has not undermined public confidence in the Supreme Court. The studies, from Gallup and the Pew Research Center, show a majority of respondents approve of the high court’s job performance or have a favorable view of the institution. The figures in both polls… -
news
Federal Judge Upholds Harvard’s Race-Conscious Admissions Policy
A federal judge in Boston ruled Tuesday that Harvard’s race-conscious admissions policy does not violate the law, following a challenge alleging the university discriminates against Asian applicants. U.S. District Judge Allison Burroughs emphasized the university has a compelling interest in cultivating a diverse campus community, and that Harvard’s practices, though imperfect, are narrowly tailored to… -
news
Democrats Try to Tie Trump Judicial Nominee to Impeachment Inquiry
Democrats on the Senate Judiciary Committee are pressing a judicial nominee about his possible connection to President Donald Trump’s July phone call with Ukrainian President Volodymyr Zelenskyy, at the center of an impeachment inquiry. The nominee, Steven Menashi, is a White House lawyer and nominee for the 2nd U.S. Circuit Court of Appeals. Democrats asked… -
news
Justice Elena Kagan Has a Message for Those Who Worry Supreme Court Is Becoming Too Partisan
Justice Elena Kagan said Monday night that concerns about the politicization of the Supreme Court are “overblown," pushing back against suggestions that the court’s increasingly conservative makeup will strain public confidence in the judiciary. Kagan told law students at the University of California, Berkeley, not to despair over current conditions, even as she agreed the… -
news
Before Kavanaugh, 3 Previous Attempts to Impeach Supreme Court Justices
Numerous Democrats have demanded the impeachment of Supreme Court Justice Brett Kavanaugh following discredited allegations by The New York Times of sexual misconduct in his college years. Rep. Ayanna Pressley, D-Mass., introduced a resolution to impeach Kavanaugh on Sept. 17. Although Democrats’ congressional leadership isn’t embracing the unlikely venture, U.S. history includes one instance of… -
opinion
The Smearing of Brett Kavanaugh Is an Attack on the Supreme Court
In the end, the Democrats’ smearing of Brett Kavanaugh is about delegitimizing the Supreme Court—the only institution that will inhibit the progressive agenda no matter who wins elections. In the mind of Democrats, conservative justices aren’t merely wrong; they’re nefarious, racist, and extremist. So it’s not surprising that virtually any smear against Kavanaugh is rationalized…. -
opinion
Could Kavanaugh Get Impeached? What You Need to Know
Some liberals are pushing for Justice Brett Kavanaugh to be impeached. But do they have any valid grounds? And how would an impeachment process of a Supreme Court justice even work? The Heritage Foundation’s Tom Jipping, who worked on an impeachment process during his time as a Senate staffer and who is a now senior… -
opinion
Why the Left Will Never Stop Attacking Kavanaugh
When the Supreme Court, under a previous ideological majority, was handing down decisions favorable to the left, Democrats were fine with deferring to that third branch of government to achieve what they declined to produce in legislation. Some Democrats in conservative states took the position that it wasn’t their fault that cases voters regarded as… -
opinion
Problematic Women: Another Baseless Accusation Against Brett Kavanaugh
This week on “Problematic Women,” we talk to Elizabeth Slattery, legal fellow at The Heritage Foundation and host of the “SCOTUS 101” podcast, about the new allegation against Supreme Court Justice Brett Kavanaugh. She addresses whether the accusation has any credibility and what it means for the future of the high court. We also break… -
news
Pence: Kavanaugh Allegation Shows Democrats, Media ‘Getting Desperate’
Vice President Mike Pence dismissed the latest allegation against Supreme Court Justice Brett Kavanaugh, calling it “discredited” and accusing liberals of “getting desperate.” “The Democrats and their allies in the media are obviously getting desperate,” Pence said Tuesday during a speech at The Heritage Foundation. “After dominating our courts for more than a generation, leading… -
news
Sen. Hawley Says Kavanaugh Impeachment Calls Show Democrats at War With Constitution
GOP Missouri Sen. Josh Hawley condemned fresh calls to impeach Justice Brett Kavanaugh, saying Democrats have resorted to extreme resistance measures that are undermining constitutional government. Speaking to Hill.TV, Hawley connected the Kavanaugh impeachment push with the progressive campaign to pack the Supreme Court, accusing Democrats of subverting any institution they cannot control. “They want to… -
news
Judicial Confirmations Became Political Because Judges Became Political, Experts Say
The confirmation process for Supreme Court justices has deteriorated because the process has become about politics, legal experts say. “I think unfortunately we’ve reached a new low,” Carrie Severino, chief counsel and policy director for the Judicial Crisis Network, said Monday as part of a “Preserve the Constitution” panel discussion at The Heritage Foundation. Part… -
opinion
The Media Reboots Its Crusade Against Kavanaugh
One year ago, the media did the left’s dirty work in dragging Brett Kavanaugh’s reputation through the mud. Now, they’re back at it again. It wasn’t two weeks ago that Debra Katz, the attorney for Kavanaugh accuser Christine Blasey Ford, got egg on her face for admitting that Ford’s allegations were motivated by a desire… -
news
Ocasio-Cortez Calls for Impeaching Kavanaugh, but Top House Democrat Says It’s Off the Table for Now
Rep. Alexandria Occasio-Cortez is calling for the impeachment of Supreme Court Justice Brett Kavanaugh and accusing him of lying under oath. “It is unsurprising that Kavanaugh, credibly accused of sexual assault, would lie under oath to secure a Supreme Court seat,” the Democrat congresswoman, who represents a New York district, tweeted Monday. “Sexual assault isn’t… -
news
Washington Post Passed on Thinly Sourced Kavanaugh Story Before New York Times Ran It
The Washington Post passed on a thinly sourced, unproven allegation about Supreme Court Justice Brett Kavanaugh before The New York Times published it Sunday in a misleading article that has since been corrected. Times reporters Robin Pogrebin and Kate Kelly left out exculpatory evidence in an article that said Kavanaugh had his pants down at… -
news
New York Times Corrects Kavanaugh Story After Omitting Relevant Facts
The New York Times published a correction late Sunday night after leaving out exculpatory evidence in a story about Supreme Court Justice Brett Kavanaugh’s time as an undergraduate student at Yale University. Times reporters Robin Pogrebin and Kate Kelly wrote an article in Sunday’s paper drawing from their new book, “The Education of Brett Kavanaugh:… -
news
After Another Allegation in New York Times, Trump Urges Kavanaugh to Sue
President Donald Trump accused Democrats and members of the press of waging an influence campaign against Supreme Court Justice Brett Kavanaugh Sunday, after another allegation of sexual misconduct against the justice appeared in The New York Times. The president suggested that Kavanaugh bring civil suits for libel and decried “accusations without recrimination.” A Saturday story in…