Legal News
Reports on lawmaking, constitutional issues, and court cases. The Daily Signal combines news reporting with conservative commentary and legal analysis.
-
- News
Senate Confirms Jeff Sessions as Attorney General
The Senate voted 52-47 Wednesday night to confirm Jeff Sessions, a longtime U.S. senator and former federal prosecutor, as the nation’s 84th attorney general. Only one Democrat, Joe Manchin of West Virginia, joined Republicans in confirming Sessions, who voted “present.” Sessions, a Republican representing Alabama in the Senate since 1997, will take over a Justice…Rachel del Guidice -
- News
Liberals Likely to Use Courts to Thwart Trump Agenda
After the president scolded judges for not ruling his way, some critics accused him of seeking to intimidate an independent judiciary. “If a judge oversteps that constitutional role and acts as a super legislature, then that judge should be criticized,” @HvonSpakovsky says. That was in 2010, after the State of the Union address when President…Fred Lucas -
- News
How Neil Gorsuch Could Help Courts Take Power From ‘Unelected Bureaucrats’
The writings of Judge Neil Gorsuch, President Donald Trump’s nominee for the Supreme Court, make clear his skepticism about government regulation and executive power. If confirmed as a member of the Supreme Court, Gorsuch could push to limit or overturn a 33-year-old legal doctrine, known as Chevron, which says the courts should defer to executive…Josh Siegel -
- Opinion
Chuck Schumer’s Hypocrisy on Trump’s Supreme Court Nominee
This weekend, President Donald Trump criticized U.S. District Judge James Robart for his halt of the president’s immigration order—a ruling issued without any accompanying legal analysis. Now, key Senate Democrats are threatening to use the remark against Judge Neil Gorsuch, Trump’s nominee for the Supreme Court. Senate Minority Leader Chuck Schumer, D-N.Y., wants to use…Curt Levey -
- Opinion
3 Reasons Neil Gorsuch Is an Ideal Successor to Scalia
Justice Antonin Scalia’s Supreme Court seat. “Millions of voters said this was the single most important issue to them when they voted for me for president,” President Donald Trump said last Tuesday night. And Trump then went on to make one of the best choices of his young administration. Judge Neil Gorsuch of the United…Sen. Mike Lee -
- News
Conservatives Pressure 12 Democrats on Supreme Court Pick
Two conservative advocacy organizations hope to stop Senate Democrats from blocking President Donald Trump’s Supreme Court nominee. “The focus is to put pressure on Democratic senators to decide between following the will of American people and the voters in their state or to follow Sen. Chuck Schumer and the radical left down a path of…Caleb Ecarma -
- Opinion
One Way Neil Gorsuch Will Carry Scalia’s Legacy on the Supreme Court
President Donald Trump’s pick for the Supreme Court—Neil M. Gorsuch—is a terrific choice to succeed the late Justice Antonin Scalia. Heritage Foundation legal scholars and others have noted a number of similarities between the two great judges, and one of them is their sensitivity to issues of overcriminalization. If confirmed to the bench, Gorsuch would carry…John-Michael Seibler -
- Opinion
Don’t Let the Democrats Fool You About a 60-Vote Threshold for Neil Gorsuch
This week, I had the pleasure of being at the White House when President Donald Trump introduced his nominee to be associate justice of the Supreme Court, Judge Neil Gorsuch of the 10th U.S. Circuit Court of Appeals. It shouldn't surprise anybody that the president delivered on a promise made during the campaign when he…Sen. Chuck Grassley -
- News
Democrats Send Mixed Signals on Senate Vote for Neil Gorsuch
Several Democrat senators are sending mixed signals as to whether they will support an up-or-down vote on President Donald Trump’s nominee for the Supreme Court. The uncertainty could complicate or delay the confirmation of Judge Neil Gorsuch. With liberal activists calling on Democrats to block Gorsuch’s confirmation, Senate Minority Leader Chuck Schumer, D-N.Y., is demanding…Rachel del Guidice -
- News
Neil Gorsuch Could Rule on These 3 Big Cases If He Joins Supreme Court Soon
President Donald Trump’s nominee for the Supreme Court could have a say in rulings on religious freedom, transgender bathrooms in schools, and private property rights, if he is confirmed before April 16. “If you can, Mitch, go nuclear,” @POTUS says. Judge Neil Gorsuch of the U.S. 10th Circuit Court of Appeals met with Senate Majority…Fred Lucas -
- Opinion
History Is Being Distorted to Insinuate Trump Will ‘Defy’ Courts Like Andrew Jackson
Sometimes, an old media fabrication is used to justify a new one. Such is the case with the response to President Donald Trump’s executive order on refugees that created a firestorm on Saturday. Several courts ordered a halt to provisions of Trump’s order, prompting members of the media to speculate that this could create a…Jarrett Stepman -
- Opinion
A Closer Look at Neil Gorsuch, an Excellent Choice for the Supreme Court
Tuesday night, President Donald Trump announced his nomination for the Supreme Court vacancy left by the unexpected death of Justice Antonin Scalia last February. Trump nominated Judge Neil M. Gorsuch of the U.S. Court of Appeals for the 10th Circuit. With this nomination, Trump held to the promise he made on the campaign trail to select a…John G. Malcolm -
- News
Trump Nominates Neil Gorsuch to Supreme Court
President Donald Trump on Tuesday night nominated Judge Neil Gorsuch to the U.S. Supreme Court, using the first prime-time address of his presidency to fulfill a campaign pledge to name a conservative to the high court. “I have selected an individual whose qualities define, closely defined, what we’re looking for,” Trump said in introducing Gorsuch to…Fred Lucas -
- News
Democrats Change Tune After Demanding Up-or-Down Vote on Supreme Court Nominee in 2016
Senate Democrats who last year called for an up-or-down vote on Supreme Court nominees changed their tune as President Donald Trump prepared to announce his choice for the high court Tuesday night. “This is a stolen seat,” Sen. Jeff Merkley, D-Ore., said Monday of the vacancy Trump was about to fill. “This is the first…Rachel del Guidice -
- Opinion
The People Have Spoken. Trump’s Supreme Court Nominee Deserves a Vote.
Justice Antonin Scalia was a towering figure on the Supreme Court. His unfortunate passing last year was not only a great loss to our country, but it came, as we all know, as our country was already in the midst of a contentious presidential election process. In keeping with the Biden Rule, which states that…Sen. Mitch McConnell -
- News
Here’s the Potential Short List for Trump’s Supreme Court Pick
President-elect Donald Trump has narrowed his potential Supreme Court picks to only the federal appeals court judges on his broad list of potential nominees, according to CNN. CNN reported that Vice President-elect Mike Pence said the team is “winnowing” the list that “is made up of mostly federal appellate court judges.” That doesn’t automatically mean…Fred Lucas -
- Opinion
Sessions Is a Highly Qualified Pick for Attorney General
Thomas Jefferson, in his first inaugural address as president in 1801, deemed “equal and exact justice to all men, of whatever state or persuasion, religious or political” one of the essential principles of our government. President-elect Donald Trump has demonstrated his intent to uphold this principle by nominating Sen. Jeff Sessions, R-Ala., to serve as…Timothy Head -
- News
Majority Supports Swift Confirmation of Originalist Supreme Court Judge
A new poll finds a significant majority of Americans support the rapid confirmation of a Supreme Court justice who will interpret the Constitution according to its original meaning. Eighty percent of participants in a new Marist poll said filling the vacancy on the Supreme Court should be an “immediate” or “important” priority for the new administration….Kevin Daley -
- 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