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
Should Buying Bath Salts Land You in Jail? Four Cases the Supreme Court Will Hear in April
The Supreme Court justices will be hard at work churning out decisions through the end of June, but April brings to a close oral arguments for the 2014-2015 term. Over the next two weeks, the justices will hear oral arguments in seven cases, including cases involving criminal law, overregulation, same-sex marriage and the death penalty…. -
opinion
Can EPA Ignore Costs of This Very Expensive Regulation? Supreme Court to Decide.
In 2012, the Environmental Protection Agency published its final Mercury and Air Toxics Standards that regulate the emissions of hazardous air pollutants from power plants. There was one “slight” problem. By EPA’s own estimates, the economic costs would be $9.6 billion annually, making this one of the costliest rules ever issued by the EPA. This… -
opinion
Obama Administration Courts Iran While Slapping Israel
As the Obama administration mounts a final diplomatic push to secure a nuclear agreement with Iran, bilateral Israeli-American relations continue to deteriorate. This week Secretary of State John Kerry joined Iranian Foreign Minister Javad Zarif in Lausanne, Switzerland for an intensive round of negotiations ahead of the March 31 deadline for a framework agreement on… -
opinion
Should Dentists Be Regulators of Teeth Whitening Providers? What the Supreme Court Ruled.
Should someone need a license to whiten your teeth? In February, the Supreme Court sided with the Federal Trade Commission in its antitrust lawsuit against the North Carolina Board of Dental Examiners. The Board, which regulates the practice of the dental industry in North Carolina, was sued by the Commission after sending cease-and-desist letters to… -
opinion
Memo to Supreme Court: Nothing in the Constitution Requires States to Redefine Marriage
Next month, the U.S. Supreme Court will hear oral arguments about the constitutional status of state laws defining marriage as the exclusive union of husband and wife. The overarching question before the Supreme Court is not whether an exclusively male–female marriage policy is the best, but only whether it is allowed by the U.S. Constitution…. -
opinion
What You Need to Know About Marriage and the Supreme Court
Does the Constitution require the government to recognize same-sex marriages? With the Supreme Court set to hear arguments this term on cases about same-sex marriage, it’s a pressing question. In February, Ryan T. Anderson, the William E. Simon fellow at The Heritage Foundation, spoke to students and faculty at The Franciscan University of Steubenville in Ohio… -
opinion
The Supreme Court Heard King v. Burwell. Here’s What the Justices Asked About and Commented On.
Today the Supreme Court heard oral argument in King v. Burwell, an important case dealing with the Obama administration’s attempt to hand out tax credits not authorized by the text of the law. This is the third appearance of Obamacare before the Supreme Court and the justices were so intrigued by the case that Chief… -
opinion
Did Abercrombie Discriminate Against an Applicant Because of Her Religion? Supreme Court Justices Hear Case
On Wednesday, the Supreme Court heard oral argument in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, an anti-discrimination case involving a Muslim teenager who applied to be a model at the clothing store. Samantha Elauf was not offered a job and filed a complaint with the Commission, alleging that Abercrombie refused to hire… -
opinion
FCC Votes Against Innovation: Net Neutrality Debate Now Moves to Courts and Congress
Today, the Federal Communications Commission (FCC) voted to place massive “net neutrality” restrictions on America’s Internet providers, in the process redefining them as public utilities. If the decision stands, it would be a significant blow for the Internet and for its users. The issue is far from settled, however: the FCC’s rules will almost certainly… -
news
N.Y. Attorney General’s Office Denies It Has Records Showing Union Collusion in Papa John’s Lawsuit
Did the New York Attorney General’s Office collude with a local union leader to develop the basis for a lawsuit against a Papa John’s Pizza franchisee? If not — if the union leader was not involved in the investigation of the pizza franchises’ pay and employee practices before it became public– why was the union… -
opinion
California Supreme Court Attempts to Ban State Judges From Volunteering with Boy Scouts
Last week, the California Supreme Court voted to bar any California state judge from belonging to youth organizations that “invidiously discriminate,” apparently with the Boy Scouts of America in mind. This policy is the latest example of ideologues using government coercion to force public servants to conform their private lives to government ideology—or resign from… -
news
Government Drops Forfeiture Case Led by Obama’s Attorney General Nominee
Sometimes, not violating the law can get you in trouble with the law. Just ask the Hirsch family from Long Island, New York. Or, better yet, ask Loretta E. Lynch, the U.S. attorney who could be the nation’s next attorney general. After nearly three years of legal battles, the federal government dropped its case against… -
news
Sharyl Attkisson to Testify on ‘Free Press Issues’ at Attorney General Nomination Hearing
Former CBS reporter and Daily Signal senior independent contributor Sharyl Attkisson will testify at this week’s confirmation hearings for Loretta Lynch, who was nominated by President Obama to replace Eric Holder as U.S. Attorney General. Attkisson, who was invited to speak on a panel of witnesses by the Senate Judiciary Committee led by Chuck Grassley,… -
opinion
Does Fair Housing Act Only Prevent Intentional Discrimination? Supreme Court to Hear Arguments
On Jan. 21, the U.S. Supreme Court will hear oral arguments in a case involving the Obama administration’s favorite dubious legal theory, “disparate impact.” Then again, maybe it won’t — because the administration or some of its more radical allies in the civil-rights movement might snatch the case out of the court’s hands by engineering… -
opinion
Will the Supreme Court Protect a Farmer’s Right to Grow and Sell Raisins?
On Friday the U.S. Supreme Court agreed to hear a case brought by California raisin farmers who were fined by the government for selling their crop on the open market, instead of limiting their sales by delivering some of their raisins to a government-approved middleman. This case illustrates the absurdity of a government program that… -
opinion
Is the Next Roe v. Wade Coming? Supreme Court to Hear Marriage Case
Today the Supreme Court of the United States announced that it would rule on the constitutional status of state marriage laws. It granted certiorari and consolidated four cases coming out of Ohio, Kentucky, Michigan and Tennessee. The Supreme Court should uphold these laws and respect the constitutional authority of citizens and their elected officials to… -
opinion
Should a Judicial Candidate Be Able to Request Campaign Contributions?
On Tuesday, Jan. 20, the U.S. Supreme Court will hear oral arguments in its first campaign finance case since it threw out the aggregate limit on campaign contributions to federal candidates last year in McCutcheon v. Federal Election Commission. But this latest case involves the rules pertaining to state elections in Florida, not federal elections,… -
news
Nebraska Supreme Court Hands Keystone XL Supporters Major Victory
The Nebraska Supreme Court handed supporters of the Keystone XL oil pipeline a major victory today, approving the state’s proposed route for the project. The court upheld a 2012 state law granting former Nebraska Gov. Dave Heineman, a Republican, the power to approve the proposed route for Keystone XL through the state. The decision was… -
news
How a Silly Dispute Over Signs Made It All the Way to the Supreme Court
A small church relies on temporary signs to invite and direct worshipers to its services. However practical, the pastor's goal ran up against a town's strict limitations on the size of signs, the number that can be posted and for how long. The town officials of Gilbert, Ariz., however, don't impose those same restrictions on… -
opinion
Supreme Court Establishes that Police, But Not the Rest of Us, Can Get the Law Wrong—And Not Face Charges
If a police officer’s erroneous understanding of the law leads to him pulling someone over, does he violate the Fourth Amendment, which established “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”? On Monday, the Supreme Court said no, it’s not a violation. In…