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
Supreme Court Botches Wayfair Ruling, Putting Small Online Businesses at Risk of New Taxes
Small online businesses and consumers around the country will suffer the most from the Supreme Court’s ruling Thursday in South Dakota v. Wayfair Inc. It’s now up to Congress to protect internet retailers from taxes imposed by states other than their own. The court essentially ruled that all 50 states and the tens of thousands… -
opinion
What We Need in Our Federal Judges
The level of conflict over President Donald Trump’s judicial nominations exceeds anything in recent memory. That conflict will only escalate should a new vacancy occur on the Supreme Court—a possibility that has been floated in recent months. In one important way, the process of appointing federal judges is similar to any hiring process: It must… -
opinion
Podcast: The Legal Grounds on Which Jack Phillips Won Supreme Court Case
The Heritage Foundation’s Emilie Kao joins us to discuss the Supreme Court ruling Monday on the case of Jack Phillips, a Christian baker who refused to make a cake for a same-sex wedding. Plus: Bill Clinton gets defensive about Monica Lewinsky and the #MeToo movement. -
opinion
Supreme Court Upholds Baker’s Right to Disagree With Gay Marriage in Marketplace
Monday’s 7-2 Supreme Court decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission is a big win for the religious liberty of all Americans. The court made it clear that hostility toward religion has no place in America, least of all in our government. At the center of Masterpiece Cakeshop is Jack Phillips, the Christian… -
opinion
In Cake Case, 7 Supreme Court Justices Uphold Free Exercise of Religion
The U.S. Supreme Court ruled 7-2 Monday that a Colorado baker’s right to exercise his religion had been denied when a state agency penalized him for declining, based on his religious beliefs, to create a custom cake for a same-sex wedding. Justice Anthony Kennedy wrote the opinion, and even liberal Justices Stephen Breyer and Elena… -
opinion
This Supreme Court Case Could Change Online Shopping Overnight
Online commerce as we know it could soon radically change. In a case it recently heard, the Supreme Court could eliminate the current requirement that a business have some physical connection with a state before the state can tax the business. If that were to happen, consumers would pay more for goods ordered online, small… -
opinion
No, 5 Men on the Supreme Court Did Not Just Decimate #MeToo
Last week, the Supreme Court released its opinions for Epic Systems Corp. v. Lewis, and the majority holding set off a firestorm of criticism from advocates for the #MeToo campaign against sexual assault and harassment. Some advocates went so far as to accuse five men (the case was decided by a 5-4 majority) of seriously… -
opinion
Supreme Court to Police: Get Off the People’s Lawn
This week, the Supreme Court held that the Fourth Amendment does not permit a police officer to enter uninvited onto someone’s driveway to search a parked vehicle, without first obtaining a warrant. That’s an important ruling, since no one wants police officers roaming across their private property searching for evidence of a crime. But Justice… -
opinion
Democrat Obstruction in the Senate Is Hurting Our Courts
Our federal courts are facing a vacancy crisis like never before. The number of judicial vacancies across the federal bench has averaged 142 so far this year. The only year that came close to this was 1991, which had an average of 138 vacancies—but that was shortly after Congress created 85 new judicial positions. More… -
news
Trump Taps State Farm Team in Remaking Federal Courts
The staffs of state attorneys general have become fertile ground for President Donald Trump to pick appeals court judges, as the president has shifted the federal judiciary in a direction more in line with respecting state authority. “They recruited the best and the brightest to serve their state and now the Trump administration is nominating… -
opinion
Senators Need to Stop Asking Judicial Nominees Their Personal Views
On Thursday, in the Senate Judiciary Committee’s business meeting, Chairman Charles Grassley, R-Iowa, addressed efforts to force judicial nominees to express personal views on issues or cases in their confirmation hearings. Senators routinely press nominees, for example, to say whether particular Supreme Court precedents, such as Brown v. Board of Education or Roe v. Wade, were correctly decided…. -
opinion
Trump, Republicans Changing Lower Courts for the Better
If all Donald Trump did with these four years was balance the courts, his presidency would still be a success. Lucky for us, he’s got his sights set on a lot more than that—and a pile of accomplishments to prove it. But in an age when more decisions are being snatched out of his hands… -
opinion
Supreme Court Rules for Federalism in Sports Betting Case
On Monday, the Supreme Court struck down a federal law that prevented states from legalizing sports betting in Murphy v. NCAA. The ruling struck a blow against federal overreach and restored to states the power to set their own policies related to gambling. The court ruled 7-2, with Justice Stephen Breyer joining all but one… -
news
6 More Judicial Nominees Advance in Trump Bid to Reshape Judiciary
President Donald Trump is completing a strong week, and is set to kick off a strong next week, in his push to reshape the federal courts, with Senate Republicans forcing votes on six more of his judicial nominees. Despite the Democrat minority in the Senate using procedures to delay many confirmation votes, Senate Majority Leader… -
opinion
Senate Confirms ‘the Neil Gorsuch of Louisiana’ to High-Ranking Federal Bench
The Senate voted 50-47 on Tuesday to confirm all-star appellate lawyer Kyle Duncan to the 5th U.S. Circuit Court of Appeals. Duncan is President Donald Trump’s 15th circuit court nominee to be confirmed since taking office. Dubbed by Louisiana Attorney General Jeff Landry as “the Neil Gorsuch of Louisiana,” Duncan is currently a lawyer in private… -
opinion
Supreme Court Hears Case on Internet Sales Tax
Should online retailers have to collect sales taxes for states? That’s the central question in South Dakota v. Wayfair, a case dealing with the state’s attempt to force out-of-state retailers to collect sales taxes when its residents make a purchase online. The Supreme Court heard oral argument this week about whether it should overturn Quill Corp…. -
opinion
Gorsuch Defends the Rule of Law in Immigration Case
If you take anything away from Justice Neil Gorsuch’s opinion concurring with the Supreme Court’s so-called “liberal” bloc in an immigration case this week, it should be his continued faithfulness to the rule of law and the separation of powers. In Sessions v. Dimaya, Justice Elena Kagan wrote the court’s opinion—joined by Justices Ruth Bader… -
opinion
3 Cases to Watch as the Supreme Court Begins to Wrap This Term
This week marks the start of the Supreme Court’s final oral argument sessions of the current term. The justices will hear arguments in several important cases, including challenges to the constitutionality of administrative law judges, state sales taxes for out-of-state online retailers, and the infamous Trump “travel ban,” making this month one to watch. South… -
opinion
Neil Gorsuch Just Finished Year 1 on the Supreme Court. Here’s How He’s Making His Mark.
Tuesday marked the one-year anniversary of Neil Gorsuch taking his seat on the Supreme Court. In his first year, he has proven to be—as Donald Trump promised during his campaign—“very much in the mold” of Justice Antonin Scalia, whom he succeeded on the court. Gorsuch quickly planted himself squarely in the textualist camp, aligning most closely with… -
opinion
Bungling Judicial Precedent, Federal Court Upholds AR-15 Ban
Last week, a federal judge for the District Court for Massachusetts granted a motion to dismiss a lawsuit challenging the state’s prohibition of so-called “assault weapons,” such as the AR-15 semi-automatic rifle. Judge William Young held that the AR-15 and similar weapons aren’t protected by the Second Amendment, because they were originally designed for military…