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
Can Government Unions Demand Your Money? The Supreme Court Will Decide Next Term.
After multiple tries, the U.S. Supreme Court will have the opportunity next term to overturn an outdated ruling from a 1977 case, Abood v. Detroit Board of Education. Previously, the Court ruled against public school teachers who didn’t want to pay dues to a union. The Supreme Court has recently made clear that government employees… -
opinion
New Court Decision Suggests Supreme Court Should Reconsider Roe v. Wade
This week, an Eighth Circuit Court of Appeals panel ruled against North Dakota’s fetal heartbeat law. Though the state has been ordered to not enforce the law, the appeals court strongly signaled that the Supreme Court should revisit its abortion precedents, including Roe v. Wade. Passed in 2013, North Dakota’s H.B. 1456 makes it a… -
opinion
After Supreme Court Gay Marriage Ruling, How We Can Protect Freedom for Everyone
Even now that the Supreme Court has redefined marriage, Americans who believe that marriage is union of husband and wife should be free to live and work in accord with their convictions. That’s a central theme of my new book, “Truth Overruled: The Future of Marriage and Religious Freedom.” When he “evolved” on the issue… -
opinion
The Supreme Court’s One Good Decision
To say that conservatives haven’t had much to cheer about at the Supreme Court lately is an understatement. Much has been said—and rightly so—denouncing the judicial acrobatics required to save Obamacare and strike down state bans on same-sex marriage. So I wanted to take a moment to spotlight a case where the court got it right: Michigan v. EPA. As the saying… -
opinion
Welcome to John Roberts’ America, Where Words Mean Nothing
Supreme Court Justice Antonin Scalia’s lament last week that “words no longer have meaning” got me to thinking. I don’t claim to know Chief Justice John Roberts’ motivations in deciding in favor of Obamacare, but I do know that his deconstruction of the meaning of language is increasingly commonplace in our culture. Could his willingness… -
opinion
Thanks to This Supreme Court Decision, The Government Could Seize Your Living Room
Take a look around your living room. There’s a risk that it could become part of a food court in a mall or an assembly line in a factory. This is possible because of a decision handed down 10 years ago this month by the U.S. Supreme Court. In Kelo v. City of New London, the… -
news
Man ‘Inspired’ By Supreme Court Gay Marriage Ruling Fights to Have Two Wives
A polygamous Montana trio recently applied for a second marriage license, according to the Associated Press. They plan legal action if their application is rejected. Nathan Collier and his wife Victoria were legally married in 2000, and in 2007, he and Christine were married only in a religious ceremony to avoid bigamy charges. Same-sex marriage… -
opinion
3 Ways Conservatives Can Fight Back Against Activist Supreme Court’s Marriage Decision
Looking for ways to fight back against the Supreme Court’s activist decision on marriage? On Tuesday, Roger Severino, the director of the DeVos Center for Religion and Civil Society at The Heritage Foundation, hosted a panel discussion on “Marriage at the Supreme Court: Post-Decision Analysis.” The panel featured constitutional attorney Gene Schaerr, Carrie Severino, of… -
news
Chris Christie Is ‘Incredibly Disappointed’ in Chief Justice John Roberts
SANDOWN, N.H.—New Jersey Gov. Chris Christie criticized Supreme Court Chief Justice John Roberts during a town hall meeting in New Hampshire on Tuesday, several hours after launching his presidential campaign. Asked by an audience member what he thought about the Supreme Court decisions last week upholding Obamacare subsidies and legalizing same-sex marriage, and what type of… -
opinion
Supreme Court Decision Against EPA a ‘Victory for Common Sense’
Today, the Supreme Court in Michigan v. EPA held that the Environmental Protection Agency improperly ignored costs when it decided to regulate hazardous air pollutants from power plants. The court, in this 5-4 opinion, struck down this extremely costly rule, known as Utility MACT or Mercury and Air Toxics Standards (MATS). Under Section 112 of… -
opinion
Supreme Court Decides ‘Legislature’ Doesn’t Really Mean ‘Legislature’
Today, in Arizona State Legislature v. Arizona Independent Redistricting Commission, the four liberal justices joined by Justice Anthony Kennedy (again) refused to follow the Constitution (again) by throwing out a claim that had been filed by the Arizona state legislature challenging a ballot proposition that stripped the legislature of its redistricting authority. In 2000, a… -
news
After Supreme Court Rulings, Martin O’Malley Celebrates ‘Tremendous Week’ With Iowans
AMES, Iowa—Former Maryland Gov. Martin O’Malley spoke at a casual backyard house party here Sunday evening, celebrating with Iowans a “tremendous week” that saw Democrats win big in the Supreme Court. “What a tremendous week we had,” said O’Malley, who is a democratic candidate for president in 2016. “If you ever doubt whether or not… -
news
Ted Cruz: ‘Tragic’ Supreme Court Decisions Are ‘Judicial Activism’
DES MOINES, Iowa—At a campaign appearance here, Sen. Ted Cruz on Saturday railed against two “tragic” Supreme Court decisions, criticizing the verdicts as “judicial activism.” “Both decisions were judicial activism, plain and simple,” said Cruz, referring to the Supreme Court’s decisions to legalize gay marriage and allow nationwide health care subsidies under Obamacare. “Even in… -
news
21 Pictures From This Week at the Supreme Court
The past week was filled with anticipation, joy, disappointment, long hours of waiting in the merciless Washington, D.C., heat, and endless streams of analysis and commentary—all because we've reached the end of another Supreme Court term. Decisions on the future of Obamacare and same-sex marriage left some jubilant and others scrutinizing the role of the judicial branch…. -
opinion
Is Kennedy Still the Swing Vote on the Supreme Court?
For many of the highest-profile U.S. Supreme Court cases, it all comes down to one man. Though only 20 percent of cases each term are decided by one vote and 65 percent in the last term were unanimous decisions, litigants often craft arguments aimed at capturing his vote and pander to him at oral argument…. -
opinion
Judicial Activism From Supreme Court on Marriage. Here’s How to Respond.
Today is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of one man and one woman. The U.S. Supreme Court got it wrong: It should not have mandated all 50 states to redefine marriage. This is judicial activism: nothing in the… -
opinion
How the Supreme Court Housing Decision Will Hurt, Not Help, Poor Americans
The news about the Supreme Court’s abysmal decision in King v. Burwell, in which the majority assumed the job of Congress and rewrote an unambiguous provision of SCOTUSCare (formerly Obamacare) to change it, obscured the release of a second, similarly awful opinion by the court today. The decision in Texas Dept. of Housing and Community Affairs… -
opinion
Why Does America Love Ruth Bader Ginsburg and Loathe Clarence Thomas?
Ruth Bader Ginsburg is the most popular Supreme Court justice, while Clarence Thomas is the least liked, according to a new poll. A June Public Policy Polling survey found only 35 percent of registered voters have a favorable opinion of the U.S. Supreme Court. Ruth Bader Ginsburg is the Americans’ “favorite Supreme Court justice—to the… -
opinion
Supreme Court Decision Makes It Harder for Government to Take Personal Property From Americans
Can the government force raisin farmers to hand over large portions of their crop without paying any compensation? On Monday, eight members of the Supreme Court resoundingly said, “No!” in Horne v. Department of Agriculture. Under a 1940s era marketing order intended to maintain profits for domestic raisin producers, farmers are required to sell their… -
opinion
The Two Key Mistakes the Supreme Court Made When Deciding Kelo
June 23 marks the 10th anniversary of the Supreme Court’s highly controversial decision, Kelo v. City of New London. The Fifth Amendment Public Use Clause authorizes a city to exercise its eminent domain power only “for public use.” Yet, in Kelo the court permitted a city to transfer one homeowner’s property to another private party…