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
California’s Embarrassing Hire of a Failed Attorney General to Take on Trump
The California Legislature is hiring former U.S. Attorney General Eric Holder to represent the state in expected fights with the new Trump administration over environmental, immigration, and criminal justice issues. But based on Holder’s track record, don’t expect to see California racking up legal victories. Although nobody is questioning the skills of the attorneys at…Hans von Spakovsky -
- News
Trump’s ‘Historic’ Opportunity to Reshape the Federal Courts
After an election in which the Supreme Court proved to be a deciding factor in how people voted, President-elect Donald Trump has a significant opportunity to reshape the federal judiciary from top to bottom. In addition to the vacant Supreme Court seat, Trump will inherit at least 103 openings in the lower courts—that is, district…Josh Siegel -
- News
So Much for the GOP Blockade: Obama Tops Bush on Judicial Confirmations
Recent stories in Politico and The Washington Post paint a picture of unprecedented obstruction by Senate Republicans of President Barack Obama’s judicial nominees. “Trump set to reshape judiciary after GOP blockade,” blared Politico’s Burgess Everett on Dec. 16. Nine days later, it was The Post’s turn. “Trump to inherit more than 100 court vacancies, plans…Rob Bluey -
- News
Trump’s Pick for Attorney General Prosecuted These Civil Rights Cases
Sen. Jeff Sessions, R-Ala., spent a considerable amount of his time as U.S. attorney for the Southern District of Alabama pressing civil rights lawsuits. He also assisted local prosecutors in a case that helped wipe out the Ku Klux Klan in the state. “All I’ve seen from Jeff Sessions is that he has followed law,”…Fred Lucas -
- Opinion
Clarence Thomas Should Be Included in the African-American History Museum
On Sept. 24, after years of effort, the National Museum of African American History and Culture was finally opened to the public. The Smithsonian’s new museum has been rightly praised for its detailed, complex, and powerful portrayal of the African-American experience in the United States. As The Wall Street Journal and New York Times have…Ted Cruz -
- News
Leading Critic of Trump’s Attorney General Pick Withdrew Accusation in 1986
A vocal opponent of confirming Sen. Jeff Sessions, R-Ala., as U.S. attorney general recanted part of his critical testimony 30 years ago against Sessions being confirmed as a federal judge. “My recollection on this matter has now been refreshed,” @GerryHebert says. J. Gerald Hebert, a former Justice Department lawyer, made racially charged allegations against Sessions…Fred Lucas -
- News
Congress Demands Black History Smithsonian Include Clarence Thomas
A group of legislators led by Republican Texas Sen. John Cornyn introduced a resolution Monday demanding the National Museum of African American History and Culture include Justice Clarence Thomas in its exhibits. A corresponding resolution was introduced in the House of Representatives by Reps. Earl “Buddy” Carter and Pete Sessions, and co-sponsored by a dozen…Kevin Daley -
- News
Trump Could Reshape the Federal Courts Dramatically
President-elect Donald Trump can substantively recast the direction of the federal courts from the earliest days of his administration, after two years of divided government have left vacancies open across the federal bench. Though the vacancy on the U.S. Supreme Court occasioned by the death of Justice Antonin Scalia is the most prominent of these…Kevin Daley -
- Opinion
How a Federal Judge’s Last-Minute Injunction Against the Overtime Rule Will Help Workers and Businesses
Yesterday, U.S. District Judge Amos L. Mazzant, appointed by President Barack Obama, issued a nationwide injunction against the administration’s final overtime rule, which was scheduled to take effect on Dec. 1. The temporary injunction came as the result of a consolidated legal challenge against the rule, brought by 21 states and more than 50 business…Rachel Greszler -
- News
Federal Judge Blocks Implementation of Controversial Overtime Rule
A federal judge blocked implementation of a controversial rule addressing overtime pay from taking effect next week, a rule that had businesses, nonprofits, and higher education institutions bracing for the impacts of the measure. The Department of Labor’s rule was supposed to take effect Dec. 1, and under the new measure, any employee making up…Melissa Quinn -
- News
What You Need to Know About Attorney General Nominee Jeff Sessions
Sen. Jeff Sessions, R-Ala., has been tapped by President-elect Donald Trump to be the next U.S. attorney general. He previously served in that role for Alabama, and was also a federal prosecutor before his election to the Senate. Sessions was the first senator and among the only members of Congress to endorse Trump during the…Fred Lucas -
- News
Washington Florist Case Goes Before the State Supreme Court
The Washington Supreme Court on Tuesday heard the case of a 72-year-old florist who is facing fines after declining to make flower arrangements for a gay couple’s wedding. During the hearing, lawyers for the florist, Barronelle Stutzman, were asked to explain how declining to make flower arrangements for a same-sex wedding is different from discrimination…Kelsey Bolar -
- Opinion
With Trump’s Election, the Future of the Courts Looks Brighter
Now that the election is over, many conservatives who were concerned about the future of the federal courts are breathing a little easier. President-elect Donald Trump has put together a consolidated list of 21 distinguished men and women—20 of whom are sitting judges who have had distinguished careers before joining the bench—and has vowed to…John G. Malcolm -
- News
Congress Demands Explanation for Clarence Thomas’ Exclusion From Black History Smithsonian
Seventeen members of Congress sent a letter to the secretary of the Smithsonian Thursday, inquiring why U.S. Supreme Court Justice Clarence Thomas was excluded from the National Museum of African American History and Culture. The Daily Caller News Foundation reported in October that Thomas is only referenced in the new Smithsonian in connection with an exhibit…Kevin Daley -
- News
Transgender Bathroom Cases the Supreme Court Won’t Hear, and Why They Matter
A mother who is part of a lawsuit against the Obama administration’s transgender restroom mandate for schools says she is encouraged by the Supreme Court’s decision to review a similar case. That case, arising from a Virginia school system, could set a national precedent in the debate over transgender individuals using public facilities according to…Kelsey Bolar -
- Opinion
Supreme Court Enters Legal Battle Over Gender Identity and the Purpose of Restrooms
Why do we make our restrooms and locker rooms private? Each of us performs a variety of necessary life functions in front of strangers every day. “According to the federal government and LGBT activists, the primary function of private facilities is not privacy; it is affirmation of a person’s gender identity.” —Matt Sharp, @AllianceDefends We…Matt Sharp -
- News
17 Things on Clarence Thomas’ Mind During Rare Public Remarks
It is important for the Supreme Court not only to base its decisions on the Constitution but to issue opinions that address the questions of everyday Americans, a relaxed Clarence Thomas said Wednesday night as an honored guest speaker at The Heritage Foundation. In a deep, resonant voice, Thomas talked early in the hourlong program about…Ken McIntyre -
- News
This Liberal Justice Isn’t Concerned About an 8-Member Supreme Court
One of the U.S. Supreme Court’s liberal justices says an evenly divided court is functioning just fine—and would continue to do so if it faced another Bush v. Gore case. “The court, when it began at the time of the Constitution’s writing, had six members. They had six members for several years,” said Justice Stephen…Rachel del Guidice -
- News
25 Years After Thomas Joins Supreme Court, a Friend Hails an American Originalist
Not every justice on the Supreme Court connects the “magical words” of the Declaration of Independence with the government structure set up in the Constitution to protect natural rights as expressed by Thomas Jefferson. In fact, the only one to do so with any consistency in recent years is Justice Clarence Thomas, a friend and…Kevin Mooney -
- Opinion
Exxon Mobil Fights the Abusive Behavior of Democrat Attorney General’s Climate Inquisition
Exxon Mobil Corp. is fighting back against New York’s Democrat attorney general who is demanding decades’ worth of documents about the company’s position on global warming and climate change. On Oct. 17, Exxon asked a federal judge in Texas, Ed Kinkeade, to stop the abusive behavior of New York Attorney General Eric Schneiderman by tossing…Hans von Spakovsky