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
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… -
opinion
Supreme Court Rules Government Can’t Pick and Choose What Speech Is Free
In a unanimous decision, the Supreme Court struck down a town’s sign ordinance as an unconstitutional, content-based regulation of speech. This ruling for free speech means the government can’t pick and choose what speech deserves more protection based on the content of the speech. Like most other towns in America, Gilbert, Ariz., regulates when, where… -
news
Colorado Supreme Court Rules Companies Can Fire Employees for Using Marijuana
In one of the most highly watched marijuana cases in the country, the Colorado Supreme Court ruled Monday morning that companies can fire employees for smoking pot—even if it’s off-duty and despite the drug being legal in the state. The decision poses a major setback for legalization proponents, as it sets the precedent that state… -
opinion
7 Supreme Court Cases to Watch for This June
In the next three weeks, the U.S. Supreme Court will be wrapping up its 2014-2015 term. By the end of this month, the Court will hand down opinions in the most anticipated cases of the year. Here are seven cases to watch for in the coming weeks: Reed v. Town of Gilbert: The Town of… -
opinion
New Jersey Supreme Court Allows Christie’s Cut in Pension Contributions
The Supreme Court of New Jersey ruled in a 5-2 decision today in favor of the Chris Christie administration, reversing a lower court’s ruling that found Gov. Christie’s roughly $1.6 billion cut in 2015 pension contributions violated an enforceable contractual obligation. The state’s high court ruling effectively allows that and future proposed cuts to stand…. -
opinion
3 Things You Need to Know About Marriage and the Supreme Court This Month
Later this month The Supreme Court is expected to issue its ruling on state marriage laws. Here are the three most important things you need to know about the case, and what to do after the Court rules. 1. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the… -
opinion
Loretta Lynch Faces Her First Test as Attorney General
A decision earlier this month by the 9th U.S. Circuit Court of Appeals has given new Attorney General Loretta Lynch her first public test: Will she break from Eric Holder’s policies by enforcing voting rights law on a race-neutral basis, as Congress intended, or will she continue Holder’s non-neutral enforcement policy? For those who don’t remember, in… -
opinion
Federal Judge Refuses to Reschedule Marijuana Under Controlled Substances Act
On April 15, 2015, U.S. District Court Judge Kimberly Mueller for the Eastern District of California ruled the federal statute prohibiting marijuana for all purposes was rationally justified and the defendants had not met their burden of being discriminated by enforcement of federal marijuana laws. The defense had petitioned the Court to reschedule marijuana from… -
news
Supreme Court Justice Scalia: Constitution, Not Bill of Rights, Makes Us Free
To hear Supreme Court Justice Antonin Scalia tell it, America’s freedoms don’t come from freedom of speech or freedom of the press. It’s not the right to bear arms that keeps us free, nor is it the right to “be secure … against unreasonable search and seizure” or to a “speedy and public trial, by… -
opinion
26 States Have Been Forced by Courts to Allow Gay Marriages
In 2004, voters in Michigan and 10 other states passed state constitutional amendments defining marriage as the union of one man and one woman. Ten years later, in March 2014, a federal judge struck down the law saying it violated the U.S. Constitution’s 14th Amendment’s Equal Protection Clause. But just eight months later, the 6th… -
opinion
Judicial Activism on Marriage, Like Abortion, Can Cause Harms
Forty-two years ago, in Roe v. Wade and Doe v. Bolton, the Supreme Court tried to settle the abortion debate by declaring the Constitution somehow creates a right to abortion in all 50 states. There is nothing in the Constitution that requires abortion in all 50 states, and that’s why Roe is rightly viewed as an activist decision, as explained in this… -
opinion
In-Depth: Key Questions and Remarks From the Supreme Court Oral Arguments on Marriage
Tuesday’s oral arguments at the Supreme Court were excellent. There were so many good points made about what marriage is and why redefining marriage would cause harms. This litany of harms stands in stark contrast to the outrageous lower court rulings that had declared no rational basis to state marriage laws defining marriage as it… -
news
As Supreme Court Debates, 2016 Presidential Hopefuls Define Marriage Views
The national debate over same-sex marriage has landed back in the Supreme Court, but few major presidential candidates routinely put the issue on the front burner. “[T]he progressive left is seeking to force their view of marriage upon all Americans.”–@tedcruz Among more than a dozen possible Republican hopefuls, only three spoke out forcefully in recent days… -
news
Ryan T. Anderson’s Instant Analysis of Supreme Court’s Same-Sex Marriage Case
The Daily Signal caught up with The Heritage Foundation’s Ryan T. Anderson moments after Supreme Court justices concluded oral arguments on same-sex marriage. Anderson, Heritage’s William E. Simon senior research fellow in American principles and public policy, spent the morning in the courtroom and shared his take with us on the debate and Justice Anthony Kennedy’s questions. -
opinion
The Key Supreme Court Briefs Supporting State Man-Woman Marriage Laws
The briefs are in—over 150 in all—and today the Supreme Court will hear the arguments in the cases on states’ freedom to make marriage policy. Here are highlights of points made in the amicus briefs supporting man-woman marriage laws that the Court should consider: More than 50 million Americans voted to retain the man-woman definition of marriage—61… -
opinion
Why Today’s Supreme Court Case on Same-Sex Marriage Matters
Today the U.S. Supreme Court will meet for more than two hours to hear oral arguments about same-sex marriage. So why does this matter? Sarah Torre, a policy analyst at The Heritage Foundation, explains what you need to know about the case. >>> Don’t Silence the 50 Million Who Voted for One Man-One Woman Marriage -
news
Marriage Debate Marches Into Nation’s Capital Ahead of Supreme Court Case
As the debate over same-sex marriage heats up across the country, advocates for traditional marriage gathered in the nation’s capitol to make their voices heard. With the U.S. Supreme Court taking on the issue in a landmark gay marriage case in the coming weeks, The Daily Signal asked attendees of the 2015 March for Marriage—and some protesting the… -
opinion
Regardless of How the Supreme Court Scrutinizes Man–Woman Marriage Laws, They Are Constitutional
The amicus brief filed on behalf of Governor C. L. Otter of Idaho in the same-sex marriage case before the Supreme Court is remarkable for two reasons. First, aside from Alabama Governor Robert Bentley and the governors who are named parties (and thus had no choice), he is the only sitting governor with the chutzpah… -
opinion
Cartoon: The Supreme Court and Gay Marriage
Ryan T. Anderson, the William E. Simon senior research fellow in American Principles and Public Policy at The Heritage Foundation, wrote about the same-sex marriage case earlier this week: On Tuesday, the Supreme Court will hear oral arguments about gay marriage. Here’s what you need to know. 1. There simply is nothing in the U.S…. -
opinion
What You Need to Know About Gay Marriage and the Supreme Court
One week from today, the Supreme Court will hear oral arguments about gay marriage. Here’s what you need to know. 1. There simply is nothing in the U.S. Constitution that requires all 50 states to redefine marriage. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the Constitution…