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
Why His Female Law Clerks Are Among Brett Kavanaugh’s Biggest Advocates
After several women’s rights organizations suggested President Donald Trump’s pick for the next Supreme Court justice doesn’t have the support of women, a group of former female clerks came out to defend their former boss, Judge Brett Kavanaugh. “More than 50 percent of his law clerks have been women,” said Jennifer Mascott, a law clerk… -
opinion
The Facts About Kavanaugh’s Record on Religious Liberty, Obamacare, and Presidential Powers
This is a lightly edited transcript of an interview on the July 10 episode of The Daily Signal podcast. Katrina Trinko: Joining us today is Elizabeth Slattery, a legal fellow at The Heritage Foundation and the host of “SCOTUS 101,” her terrific podcast on Supreme Court matters. Elizabeth, what did you think about President Trump’s decision to pick Brett… -
opinion
Liberal Professor Comes Out in Favor of Kavanaugh, Left Pounces
Predictably, President Donald Trump’s Supreme Court pick has been met with mostly hysteria on the left. Even before Trump picked D.C. Circuit Court Judge Brett Kavanaugh to replace Associate Justice Anthony Kennedy on the Supreme Court, left-wing publications were floating absurd court-packing plans to counter him. Stacking the Supreme Court with more unelected judges, they… -
news
Fellow Former Kennedy Law Clerk ‘Tremendously Impressed’ by Kavanaugh
The day after President Donald Trump announced his nomination of federal Appeals Court Judge Brett Kavanaugh to replace the retiring Justice Anthony Kennedy on the Supreme Court, a former fellow Kennedy law clerk is praising his erstwhile colleague. “I am tremendously impressed with the guy,” John Elwood, now a partner at Vinson & Elkins,… -
news
Here’s What Happened the Last Time Democrats Tried to Deny Brett Kavanaugh a Court Seat
After the president nominated Brett Kavanaugh for a key court vacancy, Democrats sought to obstruct. Sen. Dick Durbin, D-Ill., resorted to name-calling. The New York Times chimed in to call Kavanaugh “unqualified.” That’s what happened when President George W. Bush named Kavanaugh to the U.S. Court of Appeals for the District of Columbia Circuit in… -
opinion
Podcast: Why Brett Kavanaugh Is a Solid Pick
The Heritage Foundation’s Elizabeth Slattery joins us to explain why, contra some protests from the right (and a lot of fear mongering from the left), Brett Kavanaugh will make an excellent Supreme Court justice. Plus: Heritage’s Lyndsey Fifield, who was at the Supreme Court during the protests the night of Kavanaugh’s appointment, describes what it… -
opinion
Chuck Schumer’s Brazen Fable About Nominees and Supreme Court Precedents
Hours before President Trump announced his nomination of D.C. Circuit Judge Brett Kavanaugh for the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., outlined his demands for the nominee. He would, Schumer said Monday on the Senate floor, demand from Kavanaugh “an affirmative statement of support” for certain Supreme Court precedents and positions on particular legal… -
news
Harvard Law Professor Alan Dershowitz Dismisses Liberal Hysteria Over Trump’s SCOTUS Pick
Harvard law professor Alan Dershowitz defended President Donald Trump’s Supreme Court pick Brett Kavanaugh on “Fox & Friends” Tuesday and rebuked liberals for their vocal opposition. “He went to Yale law school and he taught at Harvard. What can be wrong with that,” Dershowitz said. “He has a lot of support from centrist academics. He is regarded… -
opinion
27 Reactions From Liberals on Kavanaugh
Following President Donald Trump’s announcement that D.C. Circuit Judge Brett Kavanaugh will be his Supreme Court nominee, the left took to Twitter to air its grievances. Sen. Elizabeth Warren, D-Mass. 2. Democratic strategist Peter Daou, who advised Hilary Clinton 3. James Kosur of Hill Reporter 4. Christian pastor and author John Pavlovitz 5. Sen. Chris Murphy,… -
news
Newt Gingrich Gives the Nod to Kavanaugh for Supreme Court: ‘Knocked It Out of the Park’
Former House Speaker Newt Gingrich praised President Donald Trump’s Supreme Court pick Brett Kavanaugh Tuesday and said he knocked it “out of the park.” “I think this was the best performance by the president so far,” Gingrich said on “Fox & Friends.” “You take the total consultation, the way he has approached it. The quality of his… -
news
8 Things to Know About Supreme Court Nominee Brett Kavanaugh
President Donald Trump nominated Judge Brett Kavanaugh to the Supreme Court in a prime-time announcement Monday night. If confirmed by the Senate, Kavanaugh would replace retiring Justice Anthony Kennedy to give the court a likely solid 5-4 conservative majority. “Throughout legal circles, he is considered a judge’s judge, a true thought leader among his peers,”… -
opinion
Trump Hits Another Home Run With Supreme Court Pick Brett Kavanaugh
President Donald Trump announced on Monday night his nomination of D.C. Circuit Judge Brett Kavanaugh to succeed Justice Anthony Kennedy on the Supreme Court. Kavanaugh, who was included in The Heritage Foundation’s original list of potential Supreme Court nominees, is a very promising choice. The battle lines were already drawn before Trump made his announcement,… -
news
Trump’s Supreme Court List Down to Final Three
President Donald Trump has narrowed down his list of potential Supreme Court nominations to three candidates. With days remaining until Trump makes an expected selection announcement, his choice to replace retiring Justice Anthony Kennedy is down to three federal appeals judges: Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, reported The Associated Press. The candidate interview process has… -
opinion
Canada’s Supreme Court Relegates Religious Beliefs to Second-Tier Status. America, Be Warned.
Canada’s Supreme Court recently ruled 7-2 against Trinity Western University, prioritizing sexual orientation over the free exercise of religion. This ruling should serve as a warning flag to U.S. citizens. Canada was only nine years ahead of the United States in redefining marriage. If the U.S. does not change direction, we could follow in Canada’s… -
opinion
Democrats Are Using Shallow Arguments to Hold Up the Next Supreme Court Nominee. Here’s Why They Won’t Work.
Three signs suggest that Democrats already believe they won’t have the votes to defeat President Donald Trump’s nominee to replace Justice Anthony Kennedy. First, Democrats no longer have the filibuster to prevent confirmation votes. They abolished filibusters for all but Supreme Court nominations in 2013 and Republicans took Supreme Court nominations off the filibuster table… -
opinion
Meet the 6 Stellar Judges Leading the Pack on Trump’s Supreme Court Short List
President Donald Trump is expected to announce July 9 his nominee to replace Justice Anthony Kennedy on the Supreme Court. In 2016, Trump put together a list of potential Supreme Court picks during his campaign for president and has amended it twice—bringing the current total to 25 highly qualified conservative individuals. I will be making… -
opinion
In Janus v. AFSCME, Supreme Court Throws Out Bad Precedent on ‘Compelled Speech’
On the last day of its 2017-18 term, the Supreme Court’s decision in Janus v. AFSCME on Wednesday strengthened the First Amendment right to free speech and showed how the court should analyze whether to overrule one of its previous decisions. In the labor context, a “bargaining unit” is a group of employees with clear… -
news
Supreme Court Strikes Down Mandatory Union Fees for Government Employees
The Supreme Court ruled 5-4 Wednesday that nonunion government workers can't be forced to pay dues or other fees to support a union, further diminishing the power of organized labor and setting up what right-to-work proponents called the “hard work” of protecting free speech rights for the nation's government employees. Right-to-work advocates also expressed concern… -
opinion
17% of Judicial Positions Are Now Vacant
As Sen. Bob Dole once said, the judges a president appoints may be his most profound legacy. Federal judges have become increasingly powerful, much more so than America’s Founders intended. For our system of government to work as designed and to produce the liberty it promises, presidents must appoint the right kind of judges. President… -
opinion
Supreme Court Usurps Power of Congress, Regulates Interstate Commerce
Thursday’s Supreme Court decision in South Dakota v. Wayfair, Inc. threatens to upend online commerce, drive thousands of small entrepreneurs out of business, and hike prices for hundreds of millions of consumers. Under prior law, states could not force remote retailers to collect and remit sales taxes on their behalf unless the business had a…