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
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… -
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…. -
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… -
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… -
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… -
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… -
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…. -
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… -
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… -
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… -
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… -
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… -
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…. -
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… -
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… -
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… -
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… -
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… -
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… -
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…