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
Congress Demands Black History Smithsonian Include Clarence Thomas
A group of legislators led by Republican Texas Sen. John Cornyn introduced a resolution Monday demanding the National Museum of African American History and Culture include Justice Clarence Thomas in its exhibits. A corresponding resolution was introduced in the House of Representatives by Reps. Earl “Buddy” Carter and Pete Sessions, and co-sponsored by a dozen… -
news
Trump Could Reshape the Federal Courts Dramatically
President-elect Donald Trump can substantively recast the direction of the federal courts from the earliest days of his administration, after two years of divided government have left vacancies open across the federal bench. Though the vacancy on the U.S. Supreme Court occasioned by the death of Justice Antonin Scalia is the most prominent of these… -
opinion
How a Federal Judge’s Last-Minute Injunction Against the Overtime Rule Will Help Workers and Businesses
Yesterday, U.S. District Judge Amos L. Mazzant, appointed by President Barack Obama, issued a nationwide injunction against the administration’s final overtime rule, which was scheduled to take effect on Dec. 1. The temporary injunction came as the result of a consolidated legal challenge against the rule, brought by 21 states and more than 50 business… -
news
Federal Judge Blocks Implementation of Controversial Overtime Rule
A federal judge blocked implementation of a controversial rule addressing overtime pay from taking effect next week, a rule that had businesses, nonprofits, and higher education institutions bracing for the impacts of the measure. The Department of Labor’s rule was supposed to take effect Dec. 1, and under the new measure, any employee making up… -
news
What You Need to Know About Attorney General Nominee Jeff Sessions
Sen. Jeff Sessions, R-Ala., has been tapped by President-elect Donald Trump to be the next U.S. attorney general. He previously served in that role for Alabama, and was also a federal prosecutor before his election to the Senate. Sessions was the first senator and among the only members of Congress to endorse Trump during the… -
news
Washington Florist Case Goes Before the State Supreme Court
The Washington Supreme Court on Tuesday heard the case of a 72-year-old florist who is facing fines after declining to make flower arrangements for a gay couple’s wedding. During the hearing, lawyers for the florist, Barronelle Stutzman, were asked to explain how declining to make flower arrangements for a same-sex wedding is different from discrimination… -
opinion
With Trump’s Election, the Future of the Courts Looks Brighter
Now that the election is over, many conservatives who were concerned about the future of the federal courts are breathing a little easier. President-elect Donald Trump has put together a consolidated list of 21 distinguished men and women—20 of whom are sitting judges who have had distinguished careers before joining the bench—and has vowed to… -
news
Congress Demands Explanation for Clarence Thomas’ Exclusion From Black History Smithsonian
Seventeen members of Congress sent a letter to the secretary of the Smithsonian Thursday, inquiring why U.S. Supreme Court Justice Clarence Thomas was excluded from the National Museum of African American History and Culture. The Daily Caller News Foundation reported in October that Thomas is only referenced in the new Smithsonian in connection with an exhibit… -
news
Transgender Bathroom Cases the Supreme Court Won’t Hear, and Why They Matter
A mother who is part of a lawsuit against the Obama administration’s transgender restroom mandate for schools says she is encouraged by the Supreme Court’s decision to review a similar case. That case, arising from a Virginia school system, could set a national precedent in the debate over transgender individuals using public facilities according to… -
opinion
Supreme Court Enters Legal Battle Over Gender Identity and the Purpose of Restrooms
Why do we make our restrooms and locker rooms private? Each of us performs a variety of necessary life functions in front of strangers every day. “According to the federal government and LGBT activists, the primary function of private facilities is not privacy; it is affirmation of a person’s gender identity.” —Matt Sharp, @AllianceDefends We… -
news
17 Things on Clarence Thomas’ Mind During Rare Public Remarks
It is important for the Supreme Court not only to base its decisions on the Constitution but to issue opinions that address the questions of everyday Americans, a relaxed Clarence Thomas said Wednesday night as an honored guest speaker at The Heritage Foundation. In a deep, resonant voice, Thomas talked early in the hourlong program about… -
news
This Liberal Justice Isn’t Concerned About an 8-Member Supreme Court
One of the U.S. Supreme Court’s liberal justices says an evenly divided court is functioning just fine—and would continue to do so if it faced another Bush v. Gore case. “The court, when it began at the time of the Constitution’s writing, had six members. They had six members for several years,” said Justice Stephen… -
news
25 Years After Thomas Joins Supreme Court, a Friend Hails an American Originalist
Not every justice on the Supreme Court connects the “magical words” of the Declaration of Independence with the government structure set up in the Constitution to protect natural rights as expressed by Thomas Jefferson. In fact, the only one to do so with any consistency in recent years is Justice Clarence Thomas, a friend and… -
opinion
Exxon Mobil Fights the Abusive Behavior of Democrat Attorney General’s Climate Inquisition
Exxon Mobil Corp. is fighting back against New York’s Democrat attorney general who is demanding decades’ worth of documents about the company’s position on global warming and climate change. On Oct. 17, Exxon asked a federal judge in Texas, Ed Kinkeade, to stop the abusive behavior of New York Attorney General Eric Schneiderman by tossing… -
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… -
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…. -
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… -
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… -
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,… -
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…