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
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 -
- News
21 Pictures From This Week at the Supreme Court
The past week was filled with anticipation, joy, disappointment, long hours of waiting in the merciless Washington, D.C., heat, and endless streams of analysis and commentary—all because we've reached the end of another Supreme Court term. Decisions on the future of Obamacare and same-sex marriage left some jubilant and others scrutinizing the role of the judicial branch….Samantha Reinis -
- Opinion
Is Kennedy Still the Swing Vote on the Supreme Court?
For many of the highest-profile U.S. Supreme Court cases, it all comes down to one man. Though only 20 percent of cases each term are decided by one vote and 65 percent in the last term were unanimous decisions, litigants often craft arguments aimed at capturing his vote and pander to him at oral argument….Elizabeth Slattery -
- Opinion
Judicial Activism From Supreme Court on Marriage. Here’s How to Respond.
Today is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of one man and one woman. The U.S. Supreme Court got it wrong: It should not have mandated all 50 states to redefine marriage. This is judicial activism: nothing in the…Ryan T. Anderson -
- Opinion
How the Supreme Court Housing Decision Will Hurt, Not Help, Poor Americans
The news about the Supreme Court’s abysmal decision in King v. Burwell, in which the majority assumed the job of Congress and rewrote an unambiguous provision of SCOTUSCare (formerly Obamacare) to change it, obscured the release of a second, similarly awful opinion by the court today. The decision in Texas Dept. of Housing and Community Affairs…Hans von Spakovsky -
- Opinion
Why Does America Love Ruth Bader Ginsburg and Loathe Clarence Thomas?
Ruth Bader Ginsburg is the most popular Supreme Court justice, while Clarence Thomas is the least liked, according to a new poll. A June Public Policy Polling survey found only 35 percent of registered voters have a favorable opinion of the U.S. Supreme Court. Ruth Bader Ginsburg is the Americans’ “favorite Supreme Court justice—to the…Elizabeth Slattery -
- Opinion
Supreme Court Decision Makes It Harder for Government to Take Personal Property From Americans
Can the government force raisin farmers to hand over large portions of their crop without paying any compensation? On Monday, eight members of the Supreme Court resoundingly said, “No!” in Horne v. Department of Agriculture. Under a 1940s era marketing order intended to maintain profits for domestic raisin producers, farmers are required to sell their…Alden Abbott -
- Opinion
The Two Key Mistakes the Supreme Court Made When Deciding Kelo
June 23 marks the 10th anniversary of the Supreme Court’s highly controversial decision, Kelo v. City of New London. The Fifth Amendment Public Use Clause authorizes a city to exercise its eminent domain power only “for public use.” Yet, in Kelo the court permitted a city to transfer one homeowner’s property to another private party…Paul J. Larkin -
- Opinion
Supreme Court Rules Government Can’t Pick and Choose What Speech Is Free
In a unanimous decision, the Supreme Court struck down a town’s sign ordinance as an unconstitutional, content-based regulation of speech. This ruling for free speech means the government can’t pick and choose what speech deserves more protection based on the content of the speech. Like most other towns in America, Gilbert, Ariz., regulates when, where…Hans von Spakovsky -
- News
Colorado Supreme Court Rules Companies Can Fire Employees for Using Marijuana
In one of the most highly watched marijuana cases in the country, the Colorado Supreme Court ruled Monday morning that companies can fire employees for smoking pot—even if it’s off-duty and despite the drug being legal in the state. The decision poses a major setback for legalization proponents, as it sets the precedent that state…Kelsey Bolar -
- Opinion
7 Supreme Court Cases to Watch for This June
In the next three weeks, the U.S. Supreme Court will be wrapping up its 2014-2015 term. By the end of this month, the Court will hand down opinions in the most anticipated cases of the year. Here are seven cases to watch for in the coming weeks: Reed v. Town of Gilbert: The Town of…Elizabeth Slattery -
- Opinion
New Jersey Supreme Court Allows Christie’s Cut in Pension Contributions
The Supreme Court of New Jersey ruled in a 5-2 decision today in favor of the Chris Christie administration, reversing a lower court’s ruling that found Gov. Christie’s roughly $1.6 billion cut in 2015 pension contributions violated an enforceable contractual obligation. The state’s high court ruling effectively allows that and future proposed cuts to stand….Rachel Greszler -
- Opinion
3 Things You Need to Know About Marriage and the Supreme Court This Month
Later this month The Supreme Court is expected to issue its ruling on state marriage laws. Here are the three most important things you need to know about the case, and what to do after the Court rules. 1. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the…Ryan T. Anderson -
- Opinion
Loretta Lynch Faces Her First Test as Attorney General
A decision earlier this month by the 9th U.S. Circuit Court of Appeals has given new Attorney General Loretta Lynch her first public test: Will she break from Eric Holder’s policies by enforcing voting rights law on a race-neutral basis, as Congress intended, or will she continue Holder’s non-neutral enforcement policy? For those who don’t remember, in…Hans von Spakovsky -
- Opinion
Federal Judge Refuses to Reschedule Marijuana Under Controlled Substances Act
On April 15, 2015, U.S. District Court Judge Kimberly Mueller for the Eastern District of California ruled the federal statute prohibiting marijuana for all purposes was rationally justified and the defendants had not met their burden of being discriminated by enforcement of federal marijuana laws. The defense had petitioned the Court to reschedule marijuana from…Bertha K. Madras -
- News
Supreme Court Justice Scalia: Constitution, Not Bill of Rights, Makes Us Free
To hear Supreme Court Justice Antonin Scalia tell it, America’s freedoms don’t come from freedom of speech or freedom of the press. It’s not the right to bear arms that keeps us free, nor is it the right to “be secure … against unreasonable search and seizure” or to a “speedy and public trial, by…Kevin Mooney -
- Opinion
26 States Have Been Forced by Courts to Allow Gay Marriages
In 2004, voters in Michigan and 10 other states passed state constitutional amendments defining marriage as the union of one man and one woman. Ten years later, in March 2014, a federal judge struck down the law saying it violated the U.S. Constitution’s 14th Amendment’s Equal Protection Clause. But just eight months later, the 6th…Genevieve Wood -
- Opinion
Judicial Activism on Marriage, Like Abortion, Can Cause Harms
Forty-two years ago, in Roe v. Wade and Doe v. Bolton, the Supreme Court tried to settle the abortion debate by declaring the Constitution somehow creates a right to abortion in all 50 states. There is nothing in the Constitution that requires abortion in all 50 states, and that’s why Roe is rightly viewed as an activist decision, as explained in this…Ryan T. Anderson -
- Opinion
In-Depth: Key Questions and Remarks From the Supreme Court Oral Arguments on Marriage
Tuesday’s oral arguments at the Supreme Court were excellent. There were so many good points made about what marriage is and why redefining marriage would cause harms. This litany of harms stands in stark contrast to the outrageous lower court rulings that had declared no rational basis to state marriage laws defining marriage as it…Ryan T. Anderson -
- News
As Supreme Court Debates, 2016 Presidential Hopefuls Define Marriage Views
The national debate over same-sex marriage has landed back in the Supreme Court, but few major presidential candidates routinely put the issue on the front burner. “[T]he progressive left is seeking to force their view of marriage upon all Americans.”–@tedcruz Among more than a dozen possible Republican hopefuls, only three spoke out forcefully in recent days…Ken McIntyre