Supreme Court News
In-depth reporting and commentary on the Court’s rulings and their influence on law, politics, and society.
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- Opinion
The Left Is Doubling Down on Schemes to Pack the Supreme Court
Anything the left can’t control, it aims to destroy. From campaigns to abolish the Senate to the growing movement to upend the Electoral College after Hillary Clinton’s defeat in the 2016 presidential election, progressives have few qualms about getting rid of long-standing constitutional institutions. Now they’re doubling down on their efforts to wage war on…Jarrett Stepman -
- News
Eric Holder: Democrats Should Consider Packing Supreme Court
Former Attorney General Eric Holder on Thursday said Democrats should consider packing the Supreme Court when they regain political power. Holder said he would “seriously consider” adding two seats to the court if he were president, as revenge for the two seats on the court that President Donald Trump has filled since taking office. Holder wants other Democrats to follow suit….Peter Hasson -
- Opinion
Supreme Court’s 9-0 Ruling Protects Americans Against Excessive Fines
It’s a good day when all nine justices of the Supreme Court make a stand for liberty. On Wednesday, the court held unanimously that the excessive fines clause of the Constitution’s Eighth Amendment applies to the states. The ruling is potentially a major win for property owners and individual citizens facing excessive fines, fees, and…Jason Snead -
- News
Justice Ginsburg Is Back at the Supreme Court, and She’s Sending a Message
Justice Ruth Bader Ginsburg took the bench at the Supreme Court Tuesday, the first time she has heard arguments since her treatment for lung cancer in December 2018. The justice’s presence at Tuesday’s arguments was expected—the high court’s public information office announced Friday that Ginsburg would participate in a private conference among the justices to discuss pending…Kevin Daley -
- News
Supreme Court Expedites Citizenship Question in Census Case
The Supreme Court will settle the question on whether the question of citizenship can be included in the 2020 census, bypassing an appeals court hearing. The high court announced Friday it will hear arguments in April, with a likely decision by June. Commerce Secretary Wilbur Ross announced last year the Census Bureau would add the…Fred Lucas -
- News
Justice Ginsburg Returns to Supreme Court After Cancer Treatment
Justice Ruth Bader Ginsburg returned to the Supreme Court Friday, concluding a two-month absence that followed her treatment for lung cancer in December 2018. The Supreme Court’s Public Information Office announced that Ginsburg will attend Friday’s private conference, where the justices make decisions about pending petitions. The court will consider several urgent matters during the…Kevin Daley -
- Opinion
What Justice Ginsburg’s Absence From the Supreme Court Means—and What It Doesn’t
The Supreme Court justices returned for the court’s first oral arguments of 2019 this week without America’s favorite octogenarian, Justice Ruth Bader Ginsburg. Seasoned litigators and Ginsburg fanatics alike were shocked by Chief Justice John Roberts’ announcement on Monday that Ginsburg would miss oral arguments. The announcement came less than three weeks after the Supreme…Elizabeth Slattery -
- News
Supreme Court: ‘No Evidence’ of Cancer Remaining for Justice Ginsburg
Justice Ruth Bader Ginsburg’s recovery from a lung cancer operation is proceeding apace and there are no signs of further disease, the Supreme Court announced Friday afternoon. Ginsburg had two cancerous nodules removed from her lungs at the Sloan Kettering Memorial Cancer Center on Dec. 21. The procedure is called a pulmonary lobectomy. “Justice Ginsburg will continue…Kevin Daley -
- Opinion
How America’s Greatest Chief Justice Shaped the Supreme Court
John Marshall may not have a Broadway play about his life, but the Founding Father deserves recognition from Americans as one of the chief architects of our system of government. A new book by Richard Brookhiser, a senior editor at National Review and an esteemed historian, presents an interesting character study of one of the…Jarrett Stepman -
- Opinion
6 Gifts for the Supreme Court Fanatic in Your Life
Are you wondering what to give that friend, family member, or colleague who loves the Supreme Court? Here are some gift ideas that should delight any Supreme Court watcher, brought to you by The Heritage Foundation’s “SCOTUS 101” podcast. 1. “I Like the Strong Silent Type” T-shirt, $22.99 On the bench, Justice Clarence Thomas is…Elizabeth Slattery -
- Opinion
Supreme Court’s Refusal to Hear Planned Parenthood Case Is a Missed Opportunity
The Supreme Court on Monday missed an opportunity to bring clarity to an area of the law about which the lower courts are divided: Whether states can prevent Medicaid funds from going to pay for non-abortion services at Planned Parenthood clinics. Justice Clarence Thomas dissented from the court’s decision not to take up the case,…Elizabeth Slattery -
- News
Unions Defy Supreme Court on Mandatory Dues, Suit Says
Labor unions are collecting dues from public employees without their “affirmative consent” in defiance of a Supreme Court ruling that state laws requiring nonunion government workers to make such payments are unconstitutional, a new lawsuit alleges. The Freedom Foundation, a free market think tank based in Washington state, joined with the National Right to Work…Kevin Mooney -
- News
George H.W. Bush Has a Far-Reaching Supreme Court Legacy
Former President George H.W. Bush, who died peacefully Friday night, made far-reaching changes to the Supreme Court, appointing two justices to the nation’s highest judicial tribunal and clearing the way for three more. His appointments helped set the trajectory of the nascent conservative legal establishment, and permanently altered Republican perceptions of the judicial selection process….Kevin Daley -
- Opinion
The Supreme Court Signals It May Rein in Abusive Property Seizures
This week, the U.S. Supreme Court heard oral argument in a case that may rein in abusive property seizures by state and local governments through the highly controversial legal tool known as civil asset forfeiture. The case at issue involves a man named Tyson Timbs, who sold $225 worth of heroin to undercover police officers…Jason Snead -
- Opinion
Frequent 5-4 Supreme Court Rulings Belie Chief Justice Roberts’ Argument Justices Are Unbiased
Chief Justice John Roberts has been drawn into President Donald Trump’s web. Last week the president criticized the U.S. Court of Appeals for the 9th Circuit, based in San Francisco, calling it “a lawless disgrace.” The New York Times writes, “Trump’s remarks came after a federal trial judge ordered the administration to resume accepting asylum…Cal Thomas -
- Opinion
3 Upcoming Supreme Court Cases to Watch
After a two-week break, the Supreme Court has returned to hear its final round of cases for 2018. Among the issues that the court will address are whether half of Oklahoma is an Indian reservation, excessive fines, and double jeopardy. The following are three cases to watch in the Supreme Court’s last sitting of the…Elizabeth Slattery -
- Opinion
Here Are 3 Cases to Watch at the Supreme Court
The Supreme Court is back in session after a two-week break. The justices will hear arguments in a number of important cases, including ones dealing with coercive class-action settlements, using hovercrafts for moose hunting in Alaska, and Virginia’s ban on uranium mining. Here are three cases to watch closely in the coming weeks. Frank v….Elizabeth Slattery -
- News
Bakers Fined $135K Over Wedding Cake Appeal to Supreme Court
The former owners of an Oregon bakery, ordered to pay $135,000 in damages for declining to make a cake for a same-sex wedding, are appealing their case to the Supreme Court. Lawyers for Aaron and Melissa Klein filed a petition Monday asking the Supreme Court to reverse an earlier decision handed down by the state…Kelsey Bolar -
- News
The American Legion Is Asking Supreme Court to Protect Cross-Shaped War Memorial
The American Legion and a Maryland planning commission are asking the U.S. Supreme Court to protect a cross-shaped World War I memorial, after the 4th U.S. Circuit Court of Appeals found the monument violates the Constitution. Supporters of the petition say the 4th Circuit’s decision compromises war memorials across the country, including those at Arlington National Cemetery….Kevin Daley -
- News
Sen. Hirono Suggests Democrats Could Hold Supreme Court Seat Open Until 2020
A Democrat senator suggested that if President Donald Trump withdraws Brett Kavanaugh’s nomination, Democrats could hold the Supreme Court seat open until after the 2020 election. “The world does not come to an end because we don’t [approve] all of the nominees,” Sen. Mazie Hirono said on Politico’s “Off Message” podcast last week, when asked…Troy Worden