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
Why the Supreme Court Might Agree to Hear a Same-Sex Marriage Case After All
Last month, the Supreme Court surprised the national news media by refusing to hear any of the seven same-sex marriage cases that had been pending. Following that denial of review, the status of same-sex marriage appears to be based on an odd sort of federalism. If you live in a region of the country governed… -
opinion
Texas Race-Based College Admissions Case May be Heading Back to Supreme Court
Today, the Fifth Circuit Court of Appeals announced that the full court will not rehear an appeal brought by Abigail Fisher challenging the University of Texas at Austin’s admissions policy that uses racial and ethnic preferences to achieve “diversity” on campus. Students who graduate in the top 10 percent of Texas high schools are automatically… -
news
IRS Failure to Search Computers for ‘Missing’ Emails Intensifies Attorney General Nomination
A House oversight committee continues to seek emails related to the Internal Revenue Service’s targeting of tea party and other conservative groups, “but there’s nobody in the Justice Department willing to work with us,” a congressman on the panel said yesterday. That impasse, along with related roadblocks in the Department of Justice’s investigation of the IRS… -
opinion
An Interview With Justice Samuel Alito on Immigration, His Mentors and Advice for a Successful Life
When you think of Supreme Court Justice Samuel Alito, several words probably come to mind: Lawyer, power, conservative or maybe Washington. A few things you most likely don’t associate with a man who sits on the most prestigious court in America, often intensely questioning those who argue before him? Southern Italy and humble beginnings. But… -
opinion
Democrat-Appointed Federal Judge: No Right to Same-Sex Marriage
On Tuesday, United States District Judge Juan Pérez-Giménez upheld Puerto Rico’s law defining marriage as the union of a man and a woman. He concluded that the U.S. Constitution does not require the redefinition of marriage. Notably, Pérez-Giménez becomes the first Democrat-appointee to the federal bench to uphold marriage law since the Supreme Court’s Windsor decision on… -
opinion
The Claim That Supreme Court Has Become More Conservative Is Laughable
Washington Post Supreme Court correspondent Robert Barnes claims that the Supreme Court has become more conservative during John Roberts’ nine-year tenure as Chief Justice. Such a characterization shows a misunderstanding of the role of courts. Rather than label the Roberts Court as “conservative” or “liberal,” it would be more accurate to describe the Court as… -
opinion
Cruz: ‘Tragic,’ ‘Indefensible’ That Supreme Court Chose to Not Hear Marriage Cases
The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible. By refusing to rule if the states can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court justices, without providing any explanation whatsoever, have permitted… -
opinion
Supreme Court Decision Will Lead to Gay Marriage in Five States. Why That’s Wrong.
Today the U.S. Supreme Court declined to review appeals from Utah, Oklahoma, Virginia, Indiana and Wisconsin on the definition of marriage. This means that lower court rulings that struck down state marriage laws now will go into effect, forcing the redefinition of marriage in these states and potentially in other states in the 4th, 7th,… -
opinion
The People, Not the Courts, Should Decide on Same-Sex Marriage
On June 26 of last year, the Supreme Court struck down Section 3 of the federal Defense of Marriage Act in United States v. Windsor, and since then lower courts have issued a string of decisions redefining marriage in the states. This month, in a widely celebrated opinion written by Judge Richard Posner, the U.S…. -
opinion
Eric Holder’s 7 Worst Actions as Attorney General
Attorney General Eric Holder, the first attorney general in history to be held in contempt by the House of Representatives, surprised the political world today when he announced he would be resigning, effective on the confirmation of his successor. Holder will leave a troubled legacy and many unanswered questions as John Fund and I discovered… -
opinion
Ruth Bader Ginsburg’s Wrong Prediction About Abortion in the US
C’mon, Ruth. In an interview with Elle published Tuesday, Supreme Court Justice Ruth Bader Ginsburg said of current abortion restrictions that the U.S. has “gotten about as conservative as it will get.” Talk about wishful thinking. Ginsburg, a liberal, makes no secret of her pro-choice views, remarking in the interview that “young women, including my… -
opinion
6 Key Supreme Court Cases This Term
If you use Facebook, pay taxes, enjoy fishing or drive a car, the 2014-2015 term of the Supreme Court, which begins Oct. 6, will be worth watching. Many of the cases from the last term touched on issues such as executive power, religious liberty, free speech and racial preferences. Here are highlights of the upcoming… -
opinion
Obama’s Greatest Legacy: Remaking the Federal Courts
In President Barack Obama’s second term, the Senate has confirmed more than twice the number of judicial nominees than were confirmed in President George W. Bush’s second term. This is due mostly to the fact that Senate Majority Leader Harry Reid, D-Nev., succeeded in eliminating the filibuster for judicial nominees (excluding the Supreme Court, at… -
opinion
Federal Judge: U.S. Constitution Doesn’t Require Redefinition of Marriage
Does the U.S. Constitution require the states to redefine marriage? Earlier today a federal judge said no. Judge Martin L.C. Feldman upheld Louisiana’s constitutional authority to define marriage as the union of a man and a woman—as 78 percent of Louisiana voters did in 2004. Feldman noted that Louisiana’s marriage law furthers two important interests:… -
news
Critics of Race-Based Admissions Seek Decisive, Unequivocal Ruling From Supreme Court
It is beginning to look as if yet another case dealing with racial preferences in college admissions will make it to the U.S. Supreme Court. Abigail Fisher, a white woman from Texas who was denied admission into the University of Texas’ 2008 class, asserts the university unlawfully excluded her to achieve race-based admissions goals. Instead… -
opinion
Supreme Court: What the Trend of Unanimous Decisions Really Means
Unanimity, collegiality, and nonpartisanship: These appear to be the goals for the U.S. Supreme Court under the leadership of Chief Justice John Roberts. This seeming unity on the Court, however, turns out to be only surface deep. The most recent term showed a spike in unanimous decisions—nearly two-thirds of the 73 decisions—a level of agreement… -
news
Wisconsin Supreme Court Upholds Scott Walker’s Labor Reforms
MADISON, Wis.—After three years of legal battles, the war for Gov. Scott Walker’s cornerstone public-sector collective bargaining reforms ended Thursday with the state Supreme Court upholding Act 10 in its entirety. The Supreme Court, in a 5-2 decision, with even liberal Judge Patrick Crooks agreeing Act 10 is constitutional, gave its approval to the public… -
opinion
Was This Obamacare Court Decision Judicial Activism?
Washington Post columnist E.J. Dionne Jr. claims that last week’s D.C. Circuit decision striking down Obamacare subsidies for individuals enrolled in federally-run health care exchanges was “extreme judicial activism.” That’s a loaded term too often used by those who don’t like the outcome of a particular case. But judicial activism is not simply in the… -
opinion
Why a President’s Judicial Appointments Matter
One issue voters often overlook when selecting presidential candidates is what type of judges those candidates will support. These are lifetime appointments, and a two-term president could nominate hundreds of judges to the federal judiciary – with advice and consent of the Senate. From trial-level district court judges to the justices on the U.S. Supreme… -
opinion
The Supreme Court Vs. Eric Holder
If Eric Holder were a baseball player, he’d have been benched long ago — if not kicked off the team. His batting average before the Supreme Court is abysmal, losing again and again in his efforts to undermine the Constitution. This term featured four big strike downs. First was Burwell v. Hobby Lobby, in which…