Legal News
Reports on lawmaking, constitutional issues, and court cases. The Daily Signal combines news reporting with conservative commentary and legal analysis.
-
- News
Government Drops Forfeiture Case Led by Obama’s Attorney General Nominee
Sometimes, not violating the law can get you in trouble with the law. Just ask the Hirsch family from Long Island, New York. Or, better yet, ask Loretta E. Lynch, the U.S. attorney who could be the nation’s next attorney general. After nearly three years of legal battles, the federal government dropped its case against…Eric Boehm -
- News
Sharyl Attkisson to Testify on ‘Free Press Issues’ at Attorney General Nomination Hearing
Former CBS reporter and Daily Signal senior independent contributor Sharyl Attkisson will testify at this week’s confirmation hearings for Loretta Lynch, who was nominated by President Obama to replace Eric Holder as U.S. Attorney General. Attkisson, who was invited to speak on a panel of witnesses by the Senate Judiciary Committee led by Chuck Grassley,…Kelsey Bolar -
- Opinion
Does Fair Housing Act Only Prevent Intentional Discrimination? Supreme Court to Hear Arguments
On Jan. 21, the U.S. Supreme Court will hear oral arguments in a case involving the Obama administration’s favorite dubious legal theory, “disparate impact.” Then again, maybe it won’t — because the administration or some of its more radical allies in the civil-rights movement might snatch the case out of the court’s hands by engineering…Hans von Spakovsky -
- Opinion
Will the Supreme Court Protect a Farmer’s Right to Grow and Sell Raisins?
On Friday the U.S. Supreme Court agreed to hear a case brought by California raisin farmers who were fined by the government for selling their crop on the open market, instead of limiting their sales by delivering some of their raisins to a government-approved middleman. This case illustrates the absurdity of a government program that…Alden Abbott -
- Opinion
Is the Next Roe v. Wade Coming? Supreme Court to Hear Marriage Case
Today the Supreme Court of the United States announced that it would rule on the constitutional status of state marriage laws. It granted certiorari and consolidated four cases coming out of Ohio, Kentucky, Michigan and Tennessee. The Supreme Court should uphold these laws and respect the constitutional authority of citizens and their elected officials to…Ryan T. Anderson -
- Opinion
Should a Judicial Candidate Be Able to Request Campaign Contributions?
On Tuesday, Jan. 20, the U.S. Supreme Court will hear oral arguments in its first campaign finance case since it threw out the aggregate limit on campaign contributions to federal candidates last year in McCutcheon v. Federal Election Commission. But this latest case involves the rules pertaining to state elections in Florida, not federal elections,…Hans von Spakovsky -
- News
Nebraska Supreme Court Hands Keystone XL Supporters Major Victory
The Nebraska Supreme Court handed supporters of the Keystone XL oil pipeline a major victory today, approving the state’s proposed route for the project. The court upheld a 2012 state law granting former Nebraska Gov. Dave Heineman, a Republican, the power to approve the proposed route for Keystone XL through the state. The decision was…Melissa Quinn -
- News
How a Silly Dispute Over Signs Made It All the Way to the Supreme Court
A small church relies on temporary signs to invite and direct worshipers to its services. However practical, the pastor's goal ran up against a town's strict limitations on the size of signs, the number that can be posted and for how long. The town officials of Gilbert, Ariz., however, don't impose those same restrictions on…Kelsey Bolar -
- Opinion
Supreme Court Establishes that Police, But Not the Rest of Us, Can Get the Law Wrong—And Not Face Charges
If a police officer’s erroneous understanding of the law leads to him pulling someone over, does he violate the Fourth Amendment, which established “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”? On Monday, the Supreme Court said no, it’s not a violation. In…Paul J. Larkin -
- Opinion
Why the Supreme Court Might Agree to Hear a Same-Sex Marriage Case After All
Last month, the Supreme Court surprised the national news media by refusing to hear any of the seven same-sex marriage cases that had been pending. Following that denial of review, the status of same-sex marriage appears to be based on an odd sort of federalism. If you live in a region of the country governed…Andrew Kloster -
- Opinion
Texas Race-Based College Admissions Case May be Heading Back to Supreme Court
Today, the Fifth Circuit Court of Appeals announced that the full court will not rehear an appeal brought by Abigail Fisher challenging the University of Texas at Austin’s admissions policy that uses racial and ethnic preferences to achieve “diversity” on campus. Students who graduate in the top 10 percent of Texas high schools are automatically…Elizabeth Slattery -
- News
IRS Failure to Search Computers for ‘Missing’ Emails Intensifies Attorney General Nomination
A House oversight committee continues to seek emails related to the Internal Revenue Service’s targeting of tea party and other conservative groups, “but there’s nobody in the Justice Department willing to work with us,” a congressman on the panel said yesterday. That impasse, along with related roadblocks in the Department of Justice’s investigation of the IRS…Kelsey Bolar -
- Opinion
An Interview With Justice Samuel Alito on Immigration, His Mentors and Advice for a Successful Life
When you think of Supreme Court Justice Samuel Alito, several words probably come to mind: Lawyer, power, conservative or maybe Washington. A few things you most likely don’t associate with a man who sits on the most prestigious court in America, often intensely questioning those who argue before him? Southern Italy and humble beginnings. But…Madaline Donnelly -
- Opinion
Democrat-Appointed Federal Judge: No Right to Same-Sex Marriage
On Tuesday, United States District Judge Juan Pérez-Giménez upheld Puerto Rico’s law defining marriage as the union of a man and a woman. He concluded that the U.S. Constitution does not require the redefinition of marriage. Notably, Pérez-Giménez becomes the first Democrat-appointee to the federal bench to uphold marriage law since the Supreme Court’s Windsor decision on…Ryan T. Anderson -
- Opinion
The Claim That Supreme Court Has Become More Conservative Is Laughable
Washington Post Supreme Court correspondent Robert Barnes claims that the Supreme Court has become more conservative during John Roberts’ nine-year tenure as Chief Justice. Such a characterization shows a misunderstanding of the role of courts. Rather than label the Roberts Court as “conservative” or “liberal,” it would be more accurate to describe the Court as…Elizabeth Slattery -
- Opinion
Cruz: ‘Tragic,’ ‘Indefensible’ That Supreme Court Chose to Not Hear Marriage Cases
The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible. By refusing to rule if the states can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court justices, without providing any explanation whatsoever, have permitted…Ted Cruz -
- Opinion
Supreme Court Decision Will Lead to Gay Marriage in Five States. Why That’s Wrong.
Today the U.S. Supreme Court declined to review appeals from Utah, Oklahoma, Virginia, Indiana and Wisconsin on the definition of marriage. This means that lower court rulings that struck down state marriage laws now will go into effect, forcing the redefinition of marriage in these states and potentially in other states in the 4th, 7th,…Ryan T. Anderson -
- Opinion
The People, Not the Courts, Should Decide on Same-Sex Marriage
On June 26 of last year, the Supreme Court struck down Section 3 of the federal Defense of Marriage Act in United States v. Windsor, and since then lower courts have issued a string of decisions redefining marriage in the states. This month, in a widely celebrated opinion written by Judge Richard Posner, the U.S….Ed Meese -
- Opinion
Eric Holder’s 7 Worst Actions as Attorney General
Attorney General Eric Holder, the first attorney general in history to be held in contempt by the House of Representatives, surprised the political world today when he announced he would be resigning, effective on the confirmation of his successor. Holder will leave a troubled legacy and many unanswered questions as John Fund and I discovered…Hans von Spakovsky -
- Opinion
Ruth Bader Ginsburg’s Wrong Prediction About Abortion in the US
C’mon, Ruth. In an interview with Elle published Tuesday, Supreme Court Justice Ruth Bader Ginsburg said of current abortion restrictions that the U.S. has “gotten about as conservative as it will get.” Talk about wishful thinking. Ginsburg, a liberal, makes no secret of her pro-choice views, remarking in the interview that “young women, including my…Katrina Trinko