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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- Opinion
6 Key Supreme Court Cases This Term
If you use Facebook, pay taxes, enjoy fishing or drive a car, the 2014-2015 term of the Supreme Court, which begins Oct. 6, will be worth watching. Many of the cases from the last term touched on issues such as executive power, religious liberty, free speech and racial preferences. Here are highlights of the upcoming…Elizabeth Slattery -
- Opinion
Obama’s Greatest Legacy: Remaking the Federal Courts
In President Barack Obama’s second term, the Senate has confirmed more than twice the number of judicial nominees than were confirmed in President George W. Bush’s second term. This is due mostly to the fact that Senate Majority Leader Harry Reid, D-Nev., succeeded in eliminating the filibuster for judicial nominees (excluding the Supreme Court, at…Elizabeth Slattery -
- Opinion
Federal Judge: U.S. Constitution Doesn’t Require Redefinition of Marriage
Does the U.S. Constitution require the states to redefine marriage? Earlier today a federal judge said no. Judge Martin L.C. Feldman upheld Louisiana’s constitutional authority to define marriage as the union of a man and a woman—as 78 percent of Louisiana voters did in 2004. Feldman noted that Louisiana’s marriage law furthers two important interests:…Ryan T. Anderson -
- News
Critics of Race-Based Admissions Seek Decisive, Unequivocal Ruling From Supreme Court
It is beginning to look as if yet another case dealing with racial preferences in college admissions will make it to the U.S. Supreme Court. Abigail Fisher, a white woman from Texas who was denied admission into the University of Texas’ 2008 class, asserts the university unlawfully excluded her to achieve race-based admissions goals. Instead…Kevin Mooney -
- Opinion
Supreme Court: What the Trend of Unanimous Decisions Really Means
Unanimity, collegiality, and nonpartisanship: These appear to be the goals for the U.S. Supreme Court under the leadership of Chief Justice John Roberts. This seeming unity on the Court, however, turns out to be only surface deep. The most recent term showed a spike in unanimous decisions—nearly two-thirds of the 73 decisions—a level of agreement…Elizabeth Slattery -
- News
Wisconsin Supreme Court Upholds Scott Walker’s Labor Reforms
MADISON, Wis.—After three years of legal battles, the war for Gov. Scott Walker’s cornerstone public-sector collective bargaining reforms ended Thursday with the state Supreme Court upholding Act 10 in its entirety. The Supreme Court, in a 5-2 decision, with even liberal Judge Patrick Crooks agreeing Act 10 is constitutional, gave its approval to the public…M.D. Kittle -
- Opinion
Was This Obamacare Court Decision Judicial Activism?
Washington Post columnist E.J. Dionne Jr. claims that last week’s D.C. Circuit decision striking down Obamacare subsidies for individuals enrolled in federally-run health care exchanges was “extreme judicial activism.” That’s a loaded term too often used by those who don’t like the outcome of a particular case. But judicial activism is not simply in the…Elizabeth Slattery -
- Opinion
Why a President’s Judicial Appointments Matter
One issue voters often overlook when selecting presidential candidates is what type of judges those candidates will support. These are lifetime appointments, and a two-term president could nominate hundreds of judges to the federal judiciary – with advice and consent of the Senate. From trial-level district court judges to the justices on the U.S. Supreme…Hans von Spakovsky -
- Opinion
The Supreme Court Vs. Eric Holder
If Eric Holder were a baseball player, he’d have been benched long ago — if not kicked off the team. His batting average before the Supreme Court is abysmal, losing again and again in his efforts to undermine the Constitution. This term featured four big strike downs. First was Burwell v. Hobby Lobby, in which…John Fund -
- Opinion
The Ten Supreme Court Decisions This Year That Will Change America
With the Supreme Court on summer recess, it’s time to review the biggest cases of the October 2013 docket. SCOTUSblog’s “Stat Pack” notes that the Court this term had a high degree of unanimity and a relative lack of 5-4 decisions. But by margins both large and small, the court issued a number of important cases….Andrew Kloster -
- Opinion
First Amendment Victory: Supreme Court Rules Against Union Taking Dues From Non-Members
Today the U.S. Supreme Court handed down an important victory for participants in home-health care programs. In a 5-4 decision authored by Justice Samuel Alito, the Court held in Harris v. Quinn that Illinois’ forced unionization scheme violated the First Amendment. The Supreme Court also criticized the practice of forced unionization for all government employees…James Sherk -
- News
Democracy’s Digital Forum: Twitter Reaction to #SCOTUS Ruling on Hobby Lobby
This morning, #SCOTUS (aka U.S. Supreme Court) went viral. As the high court handed down its decision on the Obamacare mandate, politicians, pundits and private citizens took to Twitter to spread the news. Since the announcement, democracy’s digital forum continues to explode with tweets about the decision. We curated a few below: HOBBY LOBBY WINS AT…Philip Wegmann -
- Opinion
Court: D.C. Can’t Require Tour Guides to Pass a Test
Tour guides no longer have to pass a test and pay a fee to lead visitors around the District of Columbia. This morning, the United States Court of Appeals for the D.C. Circuit ruled that requiring Segway sight-seeing tour guides to pay the $200 fee and pass a test violated the First Amendment. Segs in…Christina Davis -
- Opinion
Supreme Court Holds That Pro-Lifers Have First Amendment Rights, Too
In 2007, Massachusetts passed a law that prohibited anyone from knowingly entering or remaining on a “public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit, or driveway…” In case it’s not obvious, this law was targeted at “sidewalk counselors” and…Andrew Kloster -
- Opinion
Supreme Court Fails to Rein in EPA
Contrary to headlines such as Fox News’ “Supreme Court limits EPA global warming rules,” the Supreme Court today ruled in favor of broad authority for the Environmental Protection Agency. In an important opinion, the court ensured the EPA will continue to use its authority under the Clean Air Act to regulate “global warming,” and industry will…Andrew Kloster -
- News
Florida Supreme Court Rules Against Red-Light Cameras
TALLAHASSEE, Fla.—Opponents of red-light cameras just got a little help from some new friends—the Florida Supreme Court. But they shouldn’t get too excited. The high court ruled last week that Florida cities didn’t have the authority to use red-light cameras to ticket motorists prior to 2010, or until the state Legislature enacted laws specifically allowing them….William Patrick -
- Opinion
Was the California Teacher Tenure Decision Judicial Activism?
This week, in Vergara v. California, California Superior Court Judge Rolf Treu struck down five state laws governing teacher tenure, layoffs and dismissals as unconstitutional under the California constitution. The result of this ruling is certainly good for children in California, too many of whom are stuck in classrooms with “grossly ineffective” teachers. But was…Elizabeth Slattery -
- Opinion
Jilted Lovers and Unlimited Congressional Power: Another Day at the Supreme Court
The Supreme Court issued its decision in Bond v. United States, a much-awaited case that asked the question, as Justice Scalia cleverly put it in a different case: Can the Senate, the President, and, say, Zimbabwe conspire to pass laws that the Senate, the House, and the President cannot? In other words, does the Article…Andrew Kloster