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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Meet Trump’s Judicial Nominee Under Scrutiny for Christian Faith
Former colleagues of one of President Donald Trump’s judicial nominees praise him as the “the most brilliant attorney” they’ve ever “had the opportunity to work with.” Trump nominated Joshua Divine to the U.S. District Court for the Eastern and Western Districts of Missouri on May 6. Divine serves as Missouri’s solicitor general, but his resume…Elizabeth Troutman Mitchell -
Convicted Democrat Ex-Sen. Menendez Accuses Party of Lawfare
Convicted former Sen. Bob Menendez, D-N.J., took to X on Friday to accuse his party of weaponizing justice and unfairly ousting him from the Senate Foreign Relations Committee in order to advance its political goals. Menendez, 71, resigned from the Senate in 2024 after being sentenced on Jan. 29 to 11 years in prison for…George Caldwell -
Supreme Court Allows a Maine Legislator to Legislate
Most injunction stories seem to favor the Left—but here’s one they may not like as much. On Tuesday, the Supreme Court voted 7-2 to grant an injunction requiring the clerk of the Maine House of Representatives to count votes cast by state Rep. Laurel Libby, who had been effectively suspended for her views on gender…Thomas Jipping -
Fact-Checking Justice Sotomayor’s Imaginary Birthright Citizenship Cases
Last week, the Supreme Court held oral arguments in Trump v. CASA, Inc., a case that stems from President Donald Trump’s January executive order on birthright citizenship. At this point in the litigation, the court isn’t addressing the constitutionality of the order itself, but instead will resolve an important procedural question over the power of…Amy Swearer -
‘Victory for Girls and Free Speech:’ Supreme Court Sides With Lawmaker Censured for Defending Women’s Sports
The Supreme Court ruled in favor of a Maine lawmaker who was censured for defending women’s sports from male intrusion. “This Supreme Court decision is a victory for girls and free speech, and a defeat for woke gender advocates who want to deny biological reality,” White House spokeswoman Anna Kelly told The Daily Signal. “It…Elizabeth Troutman Mitchell -
Europe’s Embrace of Lawfare Threatens Its Alliance with the US
President Donald Trump’s election was greeted in Europe with outright fear by parties of the Left and wary apprehension by the center-right but with open elation by a resurgent sovereigntist Right. Now the Left and the center are regrouping and coming up with a strategy to rein in the surging populists. It should surprise no one that this strategy…Mike Gonzalez -
EXCLUSIVE: Republican Lawmakers Look to Codify Trump Policy to End Leftist Lawfare
FIRST ON THE DAILY SIGNAL—When courts issue wrongful injunctions, taxpayers are often left paying for the damage done to their own government. But Reps. Derek Schmidt, R-Kan., and Harriet Hageman, R-Wyo., are introducing a bill on Monday that aims to shift that burden from taxpayers to the plaintiffs seeking these injunctions, forcing the courts to…Bradley Devlin -
5 Takeaways From Oral Arguments on Universal Injunctions in Birthright Citizenship Case at the Supreme Court
The Supreme Court heard oral arguments Thursday on whether nationwide injunctions violate the Constitution, after lower courts have issued 40 nationwide injunctions against the second Trump administration. “Universal injunctions exceed the judicial power granted in Article III which exist only to address the injury to the complaining party,” Solicitor General D. John Sauer argued. The…Tyler O’Neil -
Defensive Gun Uses Demonstrate Life and Death Benefits of Supreme Court’s Bruen Decision
In a 2022 case called New York State Rifle & Pistol Association v. Bruen, the Supreme Court affirmed that ordinary Americans have a right to bear arms in public for self-defense, and struck down New York’s restrictive framework for issuing concealed carry permits. This framework, in effect, left most civilians in the state without any…Amy Swearer -
When Tomatoes Became Veggies: 19th-Century SCOTUS Tariff Ruling Hints at the Questions the Court May Soon Face
President Donald Trump has been using an old tool ignored by recent presidents to target trade abusers like China that impose significant barriers to American products and services—tariffs. We all want free and fair trade, but trade is not free and fair when it is only free and fair on one side. As The Heritage…Hans von Spakovsky -
The Judicial Appointment Train Is Leaving the Station
President Donald Trump has announced his intention to nominate Whitney Hermandorfer to the U.S. Court of Appeals for the 6th Circuit. She will be Trump’s first judicial nomination of his second term and will replace Judge Jane Branstetter Stranch, appointed in September 2010 by President Barack Obama. Congress can use its legislative authority under Article…Thomas Jipping -
DERELICTION OF DUTY: Chief Justice John Roberts Admits It’s His Job to Rein in the Judicial Insurrection—and He’s Not Doing It
The deep state and its allies have launched a judicial insurrection against President Donald Trump, and Chief Justice John Roberts effectively just admitted he’s not doing his job to stop it. Roberts made a rare public statement back in March, criticizing Trump and other Republicans who have suggested impeaching judges to prevent them from taking…Tyler O’Neil -
Oklahoma Case Offers Supreme Court Chance to Benefit Families
A great many of the cases heard by our nation’s courts, at every level, require the delicate parsing of subtly contradictory facts and opinions leading to a decision that, almost inevitably, will greatly benefit some people while frustrating the lives and purposes of others. Happily, Oklahoma Statewide Charter School Board v. Drummond is not one…Andrea Dill -
‘Pride Puppy!’ Talk in Supreme Court Arguments Sparks Attention
An unusual clash in the Supreme Court this week centered on a book titled “Pride Puppy!” During the oral arguments Tuesday in the case of Mahmoud v. Taylor, Justice Neil Gorsuch pressed Alan Schoenfeld, the laywer representing Montgomery County Public Schools, about the book, and its apparent reference to leather and bondage. “Pride Puppy!” is…Fred Lucas -
SCOTUS Order Pauses Deportations Under Alien Enemies Act
The U.S. Supreme Court ordered the Trump administration early Saturday morning to pause the deportation of some Venezuelan illegal aliens until the court can rule further. The Court did not grant or deny the use of the Alien Enemies Act to remove the illegal aliens, who the Trump administration claims are Tren de Aragua gang…Virginia Allen -
Texas Legislature Considering Change to Law That Could Increase Lawfare
A handful of laws are making their way through the Texas Legislature that could exacerbate the use of malicious lawfare to silence unwanted speech. Texas passed the so-called Texas Citizens Participation Act in 2011. This was one of many laws in states around the country designed to curtail what’s called Strategic Lawsuits Against Public Participation, or…Jarrett Stepman -
‘The Lunacy Is Over’: UK Supreme Court Decision Deals Blow to Transgender Ideology
The United Kingdom’s Supreme Court delivered a stunning rejection Wednesday of transgenderism, as it declared that transgender individuals who are biological males cannot be treated as women under law. The case first came to the court when representatives of For Women Scotland, a feminist organization, sought clarification of the definition of “women” in a legal…George Caldwell -
Trump Moves to Stop ‘Climate Lawfare’ Driving Up Energy Costs, Endangering US Energy Dominance
President Donald Trump’s critics are right about one thing: The first few months of his second term have been a reckoning. Starting with the federal government’s pursuit of law firms and organizations that committed lawfare against the president to hobble his political comeback, Trump has now supercharged executive authority to stop the flood of ideologically based lawsuits…Yaël Ossowski -
Dem-Appointed Federal Judges Are the Big Losers at Supreme Court This Week
DAILY CALLER NEWS FOUNDATION—The Supreme Court has struck down orders issued by Democrat-appointed district court judges five times in the past week. Without addressing the merits of the issues—which include consequential questions about immigration, funding, and the president’s authority to remove agency officials—the high court has for procedural reasons issued back-to-back rulings undoing restrictions district…Katelynn Richardson -
Trump Order Would Force the ACLU to Put Its Money Where Its Mouth Is on Lawfare
What if I told you that when federal district judges issue injunctions blocking President Donald Trump’s policies in a judicial insurrection, they were the ones breaking the law? No, it’s not just because these judges are effectively usurping the authority of the president over the executive branch. It’s more clear-cut than that. When Chief Judge…Tyler O’Neil