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
What’s Next for the Marriage Debate After Supreme Court Ruling
Far from settling the marriage debate, the Supreme Court’s ruling on Obergefell v. Hodges raised more questions, according to four participants in a panel discussion Tuesday at The Heritage Foundation. Regardless of their views on same-sex marriage, the panelists said that the majority’s opinion in the Obergefell ruling is unclear, and fails to provide accommodation for…Kate Scanlon -
- Opinion
Federal Judge Blocks EPA and Corps’ Water Rule From Going into Effect
On Aug. 27, 2015, a federal district judge in North Dakota issued an order delaying the effective date of the Environmental Protection Agency (EPA)’s and the Army Corps of Engineers’ rule defining what waters they can regulate under the Clean Water Act. According to a press release from the North Dakota attorney general’s office: In today’s order, Judge Erickson agreed that…Daren Bakst -
- News
County Clerk Appeals Federal Judge’s Gay Marriage Mandate
Lawyers for a county clerk in Kentucky who refuses to issue marriage licenses to same-sex couples appealed a federal judge’s order that she do so, asking that the clerk not have to comply meanwhile. Rowan County Clerk Kim Davis so far has not obeyed the order of U.S. District Judge David Bunning that she resume issuing…Ken McIntyre -
- News
Christian Judge’s Objection Prompts Ohio Supreme Court’s Board to Tell All Judges to Perform Gay Marriages
A Toledo judge who cited his religious faith in declining to perform same-sex marriages has agreed to follow an advisory body’s decision that he—and all judges in Ohio—must do so to remain impartial. “I will abide by that opinion. In other words, I will perform same-sex marriages if requested,” Judge C. Allen McConnell told an…Ken McIntyre -
- Opinion
4 Reasons We Must Protect Freedom for Everyone After Supreme Court’s Marriage Ruling
The Supreme Court’s redefinition of marriage has left many concerned about protecting freedom for everyone who believes that marriage is the union of a man and a woman. Among them are law professors Richard W. Garnett, John D. Inazu and Michael W. McConnell. In a characteristically thoughtful essay at Christianity Today, they argue that post-Obergefell,…Ryan T. Anderson -
- News
How States Are Using the Courts to Fight Police Taking People’s Money and Property
From coast to coast, states are tackling legislation that would protect property owners from abuses of a system that has become known as policing for profit. Some of the states have seen success with that strategy. But opponents of the tool known as civil asset forfeiture are also taking their battles to federal courtrooms. Last…Melissa Quinn -
- Opinion
How Supreme Court’s Understanding of ‘Liberty’ in Gay Marriage Case Could Have Repercussions
Justice Samuel Alito joined Weekly Standard editor Bill Kristol for a 90-minute conversation about life, baseball and a few recent Supreme Court decisions. Alito expressed concern about what “liberty” means following the decision in Obergefell v. Hodges. The 14th Amendment’s Due Process Clause, which prohibits the deprivation of life, liberty or property without due process…Elizabeth Slattery -
- Opinion
Can Government Unions Demand Your Money? The Supreme Court Will Decide Next Term.
After multiple tries, the U.S. Supreme Court will have the opportunity next term to overturn an outdated ruling from a 1977 case, Abood v. Detroit Board of Education. Previously, the Court ruled against public school teachers who didn’t want to pay dues to a union. The Supreme Court has recently made clear that government employees…Andrew Kloster -
- Opinion
New Court Decision Suggests Supreme Court Should Reconsider Roe v. Wade
This week, an Eighth Circuit Court of Appeals panel ruled against North Dakota’s fetal heartbeat law. Though the state has been ordered to not enforce the law, the appeals court strongly signaled that the Supreme Court should revisit its abortion precedents, including Roe v. Wade. Passed in 2013, North Dakota’s H.B. 1456 makes it a…Elizabeth Slattery -
- Opinion
After Supreme Court Gay Marriage Ruling, How We Can Protect Freedom for Everyone
Even now that the Supreme Court has redefined marriage, Americans who believe that marriage is union of husband and wife should be free to live and work in accord with their convictions. That’s a central theme of my new book, “Truth Overruled: The Future of Marriage and Religious Freedom.” When he “evolved” on the issue…Ryan T. Anderson -
- Opinion
The Supreme Court’s One Good Decision
To say that conservatives haven’t had much to cheer about at the Supreme Court lately is an understatement. Much has been said—and rightly so—denouncing the judicial acrobatics required to save Obamacare and strike down state bans on same-sex marriage. So I wanted to take a moment to spotlight a case where the court got it right: Michigan v. EPA. As the saying…Ed Feulner -
- Opinion
Welcome to John Roberts’ America, Where Words Mean Nothing
Supreme Court Justice Antonin Scalia’s lament last week that “words no longer have meaning” got me to thinking. I don’t claim to know Chief Justice John Roberts’ motivations in deciding in favor of Obamacare, but I do know that his deconstruction of the meaning of language is increasingly commonplace in our culture. Could his willingness…Kim Holmes -
- Opinion
Thanks to This Supreme Court Decision, The Government Could Seize Your Living Room
Take a look around your living room. There’s a risk that it could become part of a food court in a mall or an assembly line in a factory. This is possible because of a decision handed down 10 years ago this month by the U.S. Supreme Court. In Kelo v. City of New London, the…Daren Bakst -
- News
Man ‘Inspired’ By Supreme Court Gay Marriage Ruling Fights to Have Two Wives
A polygamous Montana trio recently applied for a second marriage license, according to the Associated Press. They plan legal action if their application is rejected. Nathan Collier and his wife Victoria were legally married in 2000, and in 2007, he and Christine were married only in a religious ceremony to avoid bigamy charges. Same-sex marriage…Kate Scanlon -
- Opinion
3 Ways Conservatives Can Fight Back Against Activist Supreme Court’s Marriage Decision
Looking for ways to fight back against the Supreme Court’s activist decision on marriage? On Tuesday, Roger Severino, the director of the DeVos Center for Religion and Civil Society at The Heritage Foundation, hosted a panel discussion on “Marriage at the Supreme Court: Post-Decision Analysis.” The panel featured constitutional attorney Gene Schaerr, Carrie Severino, of…Melody Wood -
- News
Chris Christie Is ‘Incredibly Disappointed’ in Chief Justice John Roberts
SANDOWN, N.H.—New Jersey Gov. Chris Christie criticized Supreme Court Chief Justice John Roberts during a town hall meeting in New Hampshire on Tuesday, several hours after launching his presidential campaign. Asked by an audience member what he thought about the Supreme Court decisions last week upholding Obamacare subsidies and legalizing same-sex marriage, and what type of…Kate Scanlon -
- Opinion
Supreme Court Decision Against EPA a ‘Victory for Common Sense’
Today, the Supreme Court in Michigan v. EPA held that the Environmental Protection Agency improperly ignored costs when it decided to regulate hazardous air pollutants from power plants. The court, in this 5-4 opinion, struck down this extremely costly rule, known as Utility MACT or Mercury and Air Toxics Standards (MATS). Under Section 112 of…Alden Abbott -
- Opinion
Supreme Court Decides ‘Legislature’ Doesn’t Really Mean ‘Legislature’
Today, in Arizona State Legislature v. Arizona Independent Redistricting Commission, the four liberal justices joined by Justice Anthony Kennedy (again) refused to follow the Constitution (again) by throwing out a claim that had been filed by the Arizona state legislature challenging a ballot proposition that stripped the legislature of its redistricting authority. In 2000, a…Hans von Spakovsky -
- News
After Supreme Court Rulings, Martin O’Malley Celebrates ‘Tremendous Week’ With Iowans
AMES, Iowa—Former Maryland Gov. Martin O’Malley spoke at a casual backyard house party here Sunday evening, celebrating with Iowans a “tremendous week” that saw Democrats win big in the Supreme Court. “What a tremendous week we had,” said O’Malley, who is a democratic candidate for president in 2016. “If you ever doubt whether or not…Leah Jessen -
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Ted Cruz: ‘Tragic’ Supreme Court Decisions Are ‘Judicial Activism’
DES MOINES, Iowa—At a campaign appearance here, Sen. Ted Cruz on Saturday railed against two “tragic” Supreme Court decisions, criticizing the verdicts as “judicial activism.” “Both decisions were judicial activism, plain and simple,” said Cruz, referring to the Supreme Court’s decisions to legalize gay marriage and allow nationwide health care subsidies under Obamacare. “Even in…Leah Jessen