Supreme Court News
In-depth reporting and commentary on the Court’s rulings and their influence on law, politics, and society.
-
- Opinion
Chuck Schumer’s Despicable Attack on the Supreme Court
“If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices,” argued Alexander Hamilton in Federalist No. 78. If we ever needed a pristine example of why justices are bestowed lifetime appointments…David Harsanyi -
- News
Schumer Faces Rare Censure for Threatening Supreme Court Justices
Senate Minority Leader Charles Schumer may become only the ninth senator in the body’s history to be censured by his colleagues. Lawmakers in the Senate and House introduced resolutions to censure him Thursday, a day after Schumer made inflammatory comments that seemed to some to advocate violence if two Supreme Court justices did not rule…Fred Lucas -
- News
States Can Prosecute Illegal Aliens for Identity Theft, Supreme Court Rules
The Supreme Court ruled on Tuesday that state governments can prosecute illegal aliens of identity theft, including aliens who use false Social Security numbers to unlawfully gain employment. In a tight 5-4 decision, a majority of justices on the nation’s highest court ruled that there is nothing in federal immigration law that forbids state prosecutors from…Jason Hopkins -
- Opinion
In New Supreme Court Case, Religious Liberty Is at Stake
In recent years, local and state governments have forced numerous faith-based adoption and foster care agencies out of business because of their religious beliefs about marriage. While some of those agencies closed with little protest, Catholic Social Services chose to fight back in the courts. Catholic Social Services filed a lawsuit alleging that the city…Kassie Dulin -
- News
200 Members of Congress Urge the Supreme Court to Reconsider Roe
More than 200 members of Congress urged the Supreme Court to reconsider Roe v. Wade on Thursday, ahead of a March case concerning the constitutionality of a Louisiana regulation on abortion providers. The lawmakers, who include 39 senators and 168 members of the House of Representatives, filed a legal brief arguing abortion case law is haphazard and…Kevin Daley -
- Opinion
Supreme Court Gives a Win to Pro-Lifers
Gov. Matt Bevin walked out of his office for the last time Dec. 9, and it’s somewhat fitting that the U.S. Supreme Court picked that same day to uphold one of the most important laws he ever signed—the Kentucky ultrasound bill. The justices, who watched the ACLU appeal all the way to their doorstep, refused to…Tony Perkins -
- Opinion
Podcast: How a Supreme Court Decision Is Hurting a Family Business
Brad and Hilary Scott run a family jewelry business. They sell jewelry across state lines—and that’s become a huge liability. A recent Supreme Court says they, and other businesses, have to pay sales taxes to other states, which could potentially ruin small businesses like theirs. Daniel Davis recently spoke to them at the annual meeting…Daniel Davis -
- Opinion
4 Key Exchanges as Supreme Court Hears NYC Handgun Case
The Supreme Court heard oral argument Monday in the first major case involving gun rights in nearly a decade. A local shooting club is challenging New York City’s handgun regulations, perhaps the most restrictive and draconian in the nation. New York’s regulations banned residents from taking their lawfully owned and registered handguns anywhere outside their homes…Elizabeth Slattery -
- Opinion
Supreme Court Weighs Trump’s Rollback of Deferred Action for Childhood Arrivals
The Supreme Court heard oral argument Tuesday in three cases challenging the Trump administration’s attempt to roll back the Obama-era Deferred Action for Childhood Arrivals program. President Barack Obama had previously explained that such a program was beyond the scope of the executive branch’s authority, saying in an interview, “I’m not the emperor … My…Elizabeth Slattery -
- News
What’s Behind the Struggle Over the Supreme Court
An unprecedented fight over judicial power is taking place on Capitol Hill as part of fierce partisan opposition to President Donald Trump, legal experts said Tuesday at a gathering of conservatives in Washington. “The conflict over judicial appointments has always been a conflict over judicial power,” Thomas Jipping, senior legal fellow at The Heritage Foundation,…Rachel del Guidice -
- News
The Left Targets Supreme Court With ‘Packing’ Threat, ‘Shortlist’ of Activist Nominees
Perhaps encouraged by Democratic senators in August warning the Supreme Court to “heal” itself or face restructuring, one progressive group has doubled down on advocating court-packing, while another liberal group this week released a “Supreme Court shortlist” of 32 prospective judicial nominees for a future Democratic president, filled mostly with activists but only a few…Fred Lucas -
- Opinion
Supreme Court Justices Ponder the Meaning of ‘Sex’
The Supreme Court, returning this week for the beginning of its 2019-2020 term, heard oral argument Tuesday in three cases asking it to decide whether the definition of sex in U.S. law includes sexual orientation and gender identity. At issue is the meaning of the word “sex” in Title VII of the 1964 Civil Rights…Elizabeth Slattery -
- Opinion
Podcast: What to Expect in the New Supreme Court Term
Heritage Foundation legal expert Elizabeth Slattery discusses what will happen in the 2019-2020 Supreme Court term, which began Monday. How big an impact will all the Brett Kavanaugh controversy have? What’s up with Clarence Thomas being out sick? And what are the blockbuster cases? Slattery breaks it down. Plus, we talk about the NBA’s decision…Rachel del Guidice -
- Opinion
What You Need to Know About the Transgender Case at the Supreme Court
This interview, which is lightly edited, originally aired on “Problematic Women.” Lauren Evans: Welcome back. Virginia and I are in the studio today with religious liberty superstar Emilie Kao. Emilie is an attorney and director of the Richard and Helen DeVos Center for Religion and Civil Society at The Heritage Foundation and has spent the past…Lauren Evans -
- News
Justices Return for a Momentous Supreme Court Term
The Supreme Court returns from its summer hiatus Monday to begin an election year term heavy on politically salient disputes. The high court’s docket for the coming months is a genuine gantlet of highly polarizing disputes that could make the relative comity of its previous term impossible to replicate. The justices will decide by June…Kevin Daley -
- Opinion
What’s at Stake in Supreme Court’s ‘Sex Discrimination’ Case
This week, the Supreme Court will hear oral arguments in cases that ask whether Title VII of the Civil Rights Act of 1964, which bans employment discrimination on the basis of sex, extends to discrimination on the basis of sexual orientation and transgender status. It’s an odd legal argument, given that the public meaning of the…Ryan T. Anderson -
- News
Federal Judge Upholds Harvard’s Race-Conscious Admissions Policy
A federal judge in Boston ruled Tuesday that Harvard’s race-conscious admissions policy does not violate the law, following a challenge alleging the university discriminates against Asian applicants. U.S. District Judge Allison Burroughs emphasized the university has a compelling interest in cultivating a diverse campus community, and that Harvard’s practices, though imperfect, are narrowly tailored to…Kevin Daley -
- News
Justice Elena Kagan Has a Message for Those Who Worry Supreme Court Is Becoming Too Partisan
Justice Elena Kagan said Monday night that concerns about the politicization of the Supreme Court are “overblown," pushing back against suggestions that the court’s increasingly conservative makeup will strain public confidence in the judiciary. Kagan told law students at the University of California, Berkeley, not to despair over current conditions, even as she agreed the…Kevin Daley -
- News
Florist Hopes Supreme Court Will Affirm Her Right to Turn Down Order for Gay Wedding
A Christian legal group that specializes in religious liberty has asked the Supreme Court to reconsider the case of a florist who declined to provide flower arrangements for a same-sex wedding. In June, the Washington state Supreme Court again ruled against Barronelle Stutzman, a businesswoman and great-grandmother who has said her faith did not allow…Rachel del Guidice -
- Opinion
When the Supreme Court Is Right to Overturn Precedent
Supreme Court justices need a healthy respect for past precedents. But sometimes, precedent is so bad it simply has to be overturned. The court did just that last month in the case of Knick v. Township of Scott. The court delivered a victory for champions of property rights by overturning a 1985 precedent that had…J. David Breemer