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
How a DC Internship Transformed This Future State Supreme Court Justice’s Life
Clint Bolick entered college pursuing a career in teaching and politics. But then a summer internship with The Fund for American Studies placed him in Sen. Orrin Hatch’s office and changed his life forever. It was the summer before his senior year at Drew University, a liberal arts school on the outskirts of New York… -
opinion
How Kavanaugh Meets Schumer’s Standard for Sotomayor
In 2009, current Senate Minority Leader Chuck Schumer told Supreme Court nominee Sonia Sotomayor that “your record on the bench” was “the best way to get a sense of what your record will be on the bench in the future.” That commonsense principle was right then, and it remains right today as the Senate Judiciary… -
news
Separation of Powers, Rule of Law Will Guide Kavanaugh’s Decisions, Legal Experts Say
Legal experts say that decisions by Judge Brett Kavanaugh, President Donald Trump’s nominee to the Supreme Court, will be based on the separation of powers and the rule of law. “[Kavanaugh] has really emphasized that to keep accountability in government, that the role of Congress and the role of the executive [branch] as being the elected… -
opinion
How Kavanaugh’s Hearing Will Spotlight the Separation of Powers
President James Madison once described how government reflects human nature. It also could be said that the confirmation of Supreme Court justices puts a spotlight on the nature of government. The debate over any judicial nomination, especially to the Supreme Court, puts into very sharp relief the two different views of how much power judges… -
news
Supreme Court Nominee Kavanaugh’s Confirmation Hearings to Begin Sept. 4
The confirmation hearings for federal appeals court Judge Brett Kavanaugh’s nomination to become the next Supreme Court justice will begin on Sept. 4 and last three to four days, Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, announced Friday. Grassley’s announcement comes as Senate Democrats sought to further stall the hearings, demanding more documents on Kavanaugh’s… -
opinion
On Kavanaugh and Health Coverage: The Sky Is Not Falling
It’s been about five weeks since President Donald Trump announced his nomination of Brett Kavanaugh to the Supreme Court. Ever since, Trump’s opponents have been throwing a lot of spaghetti at the wall, trying to find some negative argument or way of framing this nomination that will get some traction. We’re past the silly season… -
news
What Kavanaugh Is Like Behind the Scenes: Former Clerks Share Stories
When Sarah Pitlyk, a graduate of Yale Law School, was months away from starting her clerkship for Judge Brett Kavanaugh, she was worried if she would be able to balance this opportunity while being a mom to her 1-year-old son. “I got a call from Judge Kavanaugh, and he just put it out there: You’re… -
opinion
In Past Years, Feinstein, Schumer Said Nominee’s Judicial Record Most Important
When President Donald Trump last month announced his nomination of federal Judge Brett Kavanaugh to the U.S. Supreme Court, Senate Minority Leader Chuck Schumer said that the “American people deserve to know what kind of a justice” Kavanaugh would be. He’s right. How do you measure something like the “kind of a justice” a nominee… -
opinion
This Case Presents Perfect Opportunity for Courts to Push Back on Federal Agencies
Does an administrative agency have the power to rewrite an act of Congress? The answer to that question in the headline ought to be a resounding no. Yet, by deferring to administrative agencies over the meaning of federal law, the federal courts have for decades empowered the executive branch do exactly this. Agencies now rewrite… -
opinion
5 Absurd Excuses the Left Is Using to Delay Brett Kavanaugh
Senate Democrats have done an about-face on Judge Brett Kavanaugh’s Supreme Court nomination. At first, they had no doubt that Kavanaugh was nothing less than an existential threat to the Constitution. If he were confirmed, they said, millions of lives would be lost and the future of America would be nasty, brutish, and short. Now,… -
news
Fight Over Proper Reading of Constitution to Figure Prominently in Kavanaugh’s Hearings, Experts Say
Legal experts say the fight for the original meaning of the Constitution will play a significant role in the confirmation process for President Donald Trump’s Supreme Court nominee. “The fork in the road as it plays out in the Supreme Court is now going to be the centerpiece of these confirmation hearings,” said John Eastman,… -
opinion
No, Brett Kavanaugh Does Not Believe Presidents Are Above the Law
In less than three weeks, opponents of Judge Brett Kavanaugh’s nomination to the Supreme Court have become completely unhinged. Sen. Cory Booker, D-N.J., has actually said that supporting the Kavanaugh nomination means being “complicit” in “evil.” Here’s how the smear campaign is unfolding. First, Democrats said silly things like suggesting that Kavanaugh’s purchase of Washington… -
opinion
What Brett Kavanaugh’s Previous Hearings Tell Us About His Judicial Philosophy
Hours after President Donald Trump announced his nomination of Judge Brett Kavanaugh to the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., said: “The American people deserve to know what kind of a Justice President Trump’s nominee would be.” He’s right—and the answer to that question is readily available in Kavanaugh’s record. Each nominee has… -
opinion
Democrats Keep Moving Goal Posts on Brett Kavanaugh’s Nomination
Senate Democrats are trying to use the magician’s trick of misdirection to cast doubt on Judge Brett Kavanaugh’s fitness for the Supreme Court. It won’t work. Every nominee to every position in the executive and judicial branches has a record—his or her unique combination of professional and personal activities. Parts of that record might be… -
opinion
Right Side of History: The 7 Biggest Supreme Court Political Controversies
“The Right Side of History” is a podcast dedicated to exploring current events through a historical lens and busting left-wing myths about figures and events of America’s past. On this week’s episode, hosts Jarrett Stepman and Fred Lucas discuss the top political controversies in Supreme Court history. The Supreme Court hasn’t just been controversial because of… -
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… -
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… -
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… -
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… -
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…