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
4 Times Conservatives Lost a Major Supreme Court Case by a Single Vote
Sunday night’s second presidential debate underscored the importance of the next Supreme Court justice, as the candidates and questioners alike recognized that the fate of the federal courts rests in the next president’s hands. The high court has been closely divided on many contentious issues in recent years, and the next justice could change the…Tiffany Bates -
- News
7 Big Judicial Setbacks to Obama’s Executive Overreach
Much of President Barack Obama’s executive action legacy will be decided by the courts after he leaves office, but he had a rough judicial record while serving. Though Obama has frequently touted his pen and phone policymaking, these actions on immigration, environmental policy, and presidential appointees have often been swatted away by the Supreme Court….Fred Lucas -
- News
Clarence Thomas Is Conspicuously Absent in New Black History Smithsonian
Justice Clarence Thomas, the second black man to serve on the U.S. Supreme Court, is practically absent from the new National Museum of African American History and Culture. Anita Hill, the woman who accused Thomas of sexual harassment, however, is given prominent billing in the museum. The new Smithsonian, which opened in September, gives Hill pride…Kevin Daley -
- Opinion
When Transgender Inclusion Moves From Bathrooms to Basketball Courts
North Carolina’s legislative body passed a bill mandating a statewide policy banning individuals from using public bathrooms that do not correspond to their biological sex, as opposed to their opinion of their sex. The law, the Public Facilities Privacy and Security Act, means people must use bathrooms and other public facilities where occupants can be…Walter E. Williams -
- Opinion
How a President’s Bad Judicial Appointments Threaten Your Liberty
When Americans cast their ballots for the next president this November, they will not only select the next commander in chief and primary enforcer of the law, they will help select a new Supreme Court justice and countless other lower court judges. Selecting judges is not an ancillary responsibility—it is a central and critical duty,…Tiffany Bates -
- Opinion
A Conservative Take on Trump’s New Supreme Court Nominee List
On May 18, then-future Republican presidential nominee Donald Trump put out a list of 11 individuals, all sitting judges, who he would consider as a potential replacement for Antonin Scalia, who died unexpectedly last February, on the Supreme Court of the United States. Trump has now added 10 new names to that list. As was the…John G. Malcolm -
- Opinion
Massachusetts Supreme Court Says It’s Perfectly Legitimate for Black Men to Flee Police
Has it really come to this? On the heels of dramatic disagreement between the two major party presidential candidates about how to react to ongoing tension between the police and the African-American community, the Supreme Judicial Court of Massachusetts has unanimously concluded that a black man fleeing from a police officer investigating criminal activity is…John G. Malcolm -
- News
What’s at Stake in the Next Supreme Court Term
The next Supreme Court term is beginning Oct. 3—and there’s plenty of contentious issues on the docket for the eight justices to rule on. “The cases this term may be hard-pressed to match the excitement and media flurry that accompanied highly anticipated rulings in recent years, such as cases involving same-sex marriage, immigration, abortion, and…Leah Jessen -
- News
7 Weeks Before Election, Republicans Help Advance Another Obama Judicial Nominee
As President Barack Obama’s time in office nears its end, the Senate Judiciary Committee has advanced another one of his judicial nominees toward a lifetime post. She may not get to the finish line, though. While the Senate has entered that part of the political calendar when confirmations traditionally halt, the Judiciary Committee on Thursday voted…Philip Wegmann -
- Opinion
How Obama and GOP Lawmakers Gave Liberals Control of the Courts
Liberals have a plan to enact their radical agenda. The problem is that it bypasses Congress and voters. Here is why their strategy to pack the courts with activist judges could be one of the biggest threats to your liberties.Genevieve Wood -
- News
How Liberal Judges Took Control of 70% of US Appeals Courts
On the campaign trail in 2008, Barack Obama promised to fundamentally transform the United States of America. After nearly eight years as president, he has delivered on one front by reshaping the federal judiciary. That revolution has been comprehensive, dramatic, and under the radar. When Obama entered the Oval Office, liberal judges controlled just one…Philip Wegmann -
- News
How the GOP Senate Is Boosting Obama’s Judicial Legacy
Republican senators consistently accuse President Barack Obama of refusing to follow the law and exceeding his constitutional powers. Yet they’ve been unwilling to draw the line when it comes to giving Obama’s judicial nominees lifetime appointments to the federal bench. So far in 2016, the Republican-led Senate has confirmed nine Obama judges. And that number…Rob Bluey -
- Opinion
How Scalia’s Death Altered the Supreme Court’s Term
Last week, the Supreme Court concluded its 2015-16 term, and it’s safe to say there were several disappointments for conservatives. The sudden death of Justice Antonin Scalia in February led to deadlocks and compromises in some of the biggest cases of the term, much to the chagrin of conservatives. Consider five of the biggest cases: 1. Fisher…Elizabeth Slattery -
- News
25 Years Later, How Clarence Thomas Has Transformed the Supreme Court
When the Senate confirmed Clarence Thomas to the Supreme Court in the fall of 1991, he was still new to the flowing black robes that cloak federal magistrates. A rookie justice on the U.S. Court of Appeals for the D.C. Circuit, Thomas had served as a judge only since March 1990. Still raw from a…Philip Wegmann -
- News
A House Freshman Seeks to Take Power From Executive Branch, Give It to Courts
He’s only a freshman, but Rep. John Ratcliffe says he already is pursuing the “most important solution to a problem” that he ever will during his time in Congress. Ratcliffe, 50, a Texas Republican who spent a portion of his career prosecuting suspected terrorists, has chosen to make his name in Congress working on an…Josh Siegel -
- Opinion
Supreme Court Upholds Race-Based Discrimination in College Admissions
The Supreme Court issued its disappointing decision in Abigail Fisher’s case on Thursday against the University of Texas at Austin. In an opinion by Justice Anthony Kennedy, four members of the court ruled that the university’s race-conscious admissions program does not violate the Equal Protection Clause of the Constitution. Justices Clarence Thomas and Samuel Alito…Elizabeth Slattery -
- Opinion
Supreme Court Says No to Puerto Rico’s Bankruptcy Law
In a 5-2 ruling on Monday, the Supreme Court ruled that Puerto Rico cannot create its own bankruptcy law because the Federal Bankruptcy Code preempts it. Facing a financial and economic crisis, Puerto Rico passed a law that would have allowed it to subject its public utilities to a Chapter 9 bankruptcy-like process. While states…Rachel Greszler -
- News
Senate Confirms Obama Judicial Nominee Opposed by Maryland Police Unions
The Senate confirmed Paula Xinis for a federal judgeship in Maryland by a vote of 53-34, over the protests of major state police unions and outside conservative groups. Xinis, a partner and senior trial attorney at the Baltimore law firm representing the family of Freddie Gray, will serve in what is in effect a lifetime…Philip Wegmann -
- News
14 Quotes From Clarence Thomas’ Hillsdale Commencement Speech
Supreme Court Associate Justice Clarence Thomas addressed the 2016 graduating class at Hillsdale College in Michigan, telling the graduates to lead by example and to not hide their faith and beliefs. Thomas, 67, appointed to the Supreme Court by President George H.W. Bush, gave the commencement address to 353 Hillsdale graduates. Here are 15…Leah Jessen -
- Opinion
New Chicago Schools Bathroom Policy Courts Controversy
Chicago Public Schools announced on Monday that students and staff must be granted unfettered access to intimate school facilities based on their chosen gender identity. Because both transgender and non-transgender students have valid interests at stake, accommodation with private facilities is the sensitive and sensible solution, but advocates on the left say that’s discrimination. Put…Roger Severino