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
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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,… -
opinion
Podcast: The Move That Will Get Judicial Nominees Confirmed Faster
Sen. Chuck Grassley, R-Iowa, announced he won’t hold up two judicial nominees any more because of “blue slips.” We explain. Plus: drama at the Consumer Financial Protection Bureau, and Prince Harry’s engagement to American actress Meghan Markle. -
opinion
What the Supreme Court Is Up to Ahead of Christmas
The Supreme Court’s final sitting of 2017 begins this week, and the justices will hear oral arguments in a number of high-profile cases involving the Fourth Amendment, free speech and religious liberty, federalism, and property rights. Here’s a look at the cases coming up. Property Rights of Patent Holders On Nov. 27, the Supreme Court… -
opinion
This Senator Is Putting an End to Democrat Stonewalling on Judicial Picks
Don’t say we didn’t warn you, Sen. Chuck Grassley, R-Iowa, told Democrats at a rocky Senate Judiciary meeting last week. When Democrats blew up the 225-year-old judicial confirmation rules in 2013, Grassley said they’d regret it. Now, four years later, the left is finding out just how right he was. Sure, clearing the way for… -
news
Gorsuch Touts Originalism, Textualism in Address to Conservative Legal Society
Supreme Court Justice Neil Gorsuch touted the importance of faithfulness to the Constitution in an address during the 2017 National Lawyers Convention in Washington, D.C. “A person can be both a committed originalist and textualist and be confirmed to the Supreme Court of the United States,” Gorsuch said at the event Thursday hosted by the… -
opinion
Group That Rates Trump’s Judicial Nominees Has History of Liberal Advocacy
The consideration of federal judges with lifetime appointments is perhaps the most important and long-lasting work the Senate will do between now and the end of the year. Every senator, Republican and Democrat, took an oath to perform this duty. Nobody took an oath to outsource this duty to any outside organization. Unfortunately, some of… -
opinion
Democrats Berate Conservative Judicial Nominee for Politically Incorrect Tweets
This week, two nominees to the 5th U.S. Circuit Court of Appeals appeared before the Senate Judiciary Committee, facing fierce opposition from Democrats. President Donald Trump nominated Don Willett and James Ho to seats on the federal appeals court based in Texas. Willett, currently a justice on the Texas Supreme Court, is known as the… -
opinion
Senate Confirms 5 Trump Judicial Nominees in Strong Week for Rule of Law
The Senate confirmed five new federal judges this week, bringing President Donald Trump’s total to date to 13 jurists. The Senate voted to confirm Amy Barrett from Indiana to the 7th U.S. Circuit Court of Appeals, Joan Larsen of Michigan to the 6th Circuit, Allison Eid of Colorado to the 10th Circuit, Stephanos Bibas of…