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

    We Hear You: Jack Phillips’ Fight at the Supreme Court ‘Is a Fight for All of Us’

    Editor's note: With the case of Jack Phillips and Masterpiece Cakeshop going before the Supreme Court on Tuesday, we thought we'd highlight some of the responses The Daily Signal has received, including to the latest video profile on the story produced by Kelsey Harkness, Lauren Evans, and Michael Goodwin. Be sure to write us at [email protected].—Ken…
    Ken McIntyre
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    • Opinion

    Supreme Court Asks New Questions About Privacy and Phone Tracking Technology

    The Supreme Court held oral argument in Carpenter v. United States on Wednesday, a significant case involving the Fourth Amendment and technology. The question facing the justices is: Does the government have to get a search warrant in order to obtain a cellular service provider’s business records of the location of a customer’s cellphone, and…
    John-Michael Seibler
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    • News

    After Declining to Make a Wedding Cake, He’s Going to the Supreme Court. Here’s How That Journey Challenged His Faith.

    LAKEWOOD, Colorado—”How did we end up at the Supreme Court? It’s a long story,” Jack Phillips, owner of Masterpiece Cakeshop, told The Daily Signal. The story began in 2012, when two men walked into his family-run bakery, and asked Jack to create a custom cake for their same-sex wedding ceremony. Because of his Christian faith,…
    Kelsey Bolar
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    • Opinion

    What the Supreme Court Is Up to Ahead of Christmas

    The Supreme Court’s final sitting of 2017 begins this week, and the justices will hear oral arguments in a number of high-profile cases involving the Fourth Amendment, free speech and religious liberty, federalism, and property rights. Here’s a look at the cases coming up. Property Rights of Patent Holders On Nov. 27, the Supreme Court…
    Elizabeth Slattery
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    • Opinion

    The Supreme Court’s Next Term Will Be One for the Books. Here’s Why.

    Monday, Oct. 2 marks the start of a new Supreme Court term. While the arrival of Justice Neil Gorsuch made major headlines, the cases last term did not gain much attention. The court’s 2017-2018 term, however, promises to be one for the history books. In their first few weeks back, the justices will tackle several…
    Meagan Devlin
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    • Opinion

    Missouri Tried to Discriminate Against a Church for No Good Reason. How the Supreme Court Leveled the Playing Field.

    In a 7-2 decision on Monday in Trinity Lutheran Church of Columbia, Inc. v. Comer, the Supreme Court overturned a Missouri policy that discriminated against a church simply because of its religious character. Citing a provision in its constitution that bars aid to religious organizations, Missouri had disqualified Trinity Lutheran Church’s preschool from a competition…
    Emilie Kao
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    • Opinion

    The Supreme Court Will Review Trump’s Revised Travel Ban. Why That’s Good News for the President.

    On Monday, the U.S. Supreme Court agreed to hear the government’s appeal of the so-called travel ban shortly after it reconvenes on Oct. 2. The court tipped its hand, indicating that it is likely to side with the administration and uphold the traditional deference that it has accorded the other branches of government when it…
    John G. Malcolm
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    • Opinion

    Supreme Court to Review Case of a Baker Told He Must Bake Gay Wedding Cake

    Today was a good day for religious freedom at the Supreme Court. In a 7-2 decision, the court upheld religious liberty by saying that a state cannot exclude a church from a public program just because it’s a church. That was the big case at the court. In a less-noted move, the court also agreed…
    Ryan T. Anderson
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    • Opinion

    What This Supreme Court Ruling Means for the Washington Redskins, Other Brands Deemed ‘Offensive’

    Should “offensive” brand names be allowed to get a federal trademark? The Supreme Court answered “yes” on Monday, handing a decisive win to Simon Tam and his band, The Slants. Tam had tried to register a trademark for his band’s name, but the U.S. Patent and Trademark Office denied his application, citing a provision of…
    Elizabeth Slattery
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    • Opinion

    2 Cases Threaten to Shut Down Public Prayer. Why the Supreme Court May Need to Act.

    Two federal appeals courts are considering whether elected leaders throughout the Midwest and mid-Atlantic regions must abandon the 200-year-old practice of opening local meetings with an invocation. Both cases could end up before the Supreme Court by Christmas time. In one case, a self-described pagan sued the board of commissioners of Jackson County, Michigan, arguing…
    Ken Klukowski
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    • Opinion

    North Carolina Strikes Out a Fifth Time at the Supreme Court Over Redistricting

    The U.S. Supreme Court struck down the latest redistricting plan from North Carolina on Monday, holding that the state Legislature had impermissibly used race in the redistricting process for two congressional districts. The decision in Cooper v. Harris was confusing and did not clarify what states can and can’t do to comply with the Voting…
    Hans von Spakovsky
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    • News

    All Sitting Supreme Court Justices Have Been Involved With Federalist Society, Labeled a ‘Front’ Group by Democrats

    Judge Neil Gorsuch, President Donald Trump’s Supreme Court choice, came under fire from Democrats Monday because of his involvement with the Federalist Society, a conservative legal organization. “I don’t know what Donald Trump’s judicial philosophy [is] as president, but we sure do know the judicial philosophy of the Federalist Society, which was given the responsibility…
    Rachel del Guidice
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    • Opinion

    Supreme Court’s Pass on Transgender Case Will Ignite Further Lawsuits

    For the past few months, the legal community has been preparing for a grand showdown before the Supreme Court on student privacy rights. The central question at hand: Must schools allow a student into sleeping facilities, locker rooms, and restrooms reserved for the opposite sex if that student subjectively identifies with that sex? The prospects…
    Jim Campbell
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    • Opinion

    Chuck Schumer’s Hypocrisy on Trump’s Supreme Court Nominee

    This weekend, President Donald Trump criticized U.S. District Judge James Robart for his halt of the president’s immigration order—a ruling issued without any accompanying legal analysis. Now, key Senate Democrats are threatening to use the remark against Judge Neil Gorsuch, Trump’s nominee for the Supreme Court. Senate Minority Leader Chuck Schumer, D-N.Y., wants to use…
    Curt Levey
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    • News

    Conservatives Pressure 12 Democrats on Supreme Court Pick

    Two conservative advocacy organizations hope to stop Senate Democrats from blocking President Donald Trump’s Supreme Court nominee. “The focus is to put pressure on Democratic senators to decide between following the will of American people and the voters in their state or to follow Sen. Chuck Schumer and the radical left down a path of…
    Caleb Ecarma
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    • News

    Democrats Change Tune After Demanding Up-or-Down Vote on Supreme Court Nominee in 2016

    Senate Democrats who last year called for an up-or-down vote on Supreme Court nominees changed their tune as President Donald Trump prepared to announce his choice for the high court Tuesday night. “This is a stolen seat,” Sen. Jeff Merkley, D-Ore., said Monday of the vacancy Trump was about to fill. “This is the first…
    Rachel del Guidice
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    • Opinion

    The People Have Spoken. Trump’s Supreme Court Nominee Deserves a Vote.

    Justice Antonin Scalia was a towering figure on the Supreme Court. His unfortunate passing last year was not only a great loss to our country, but it came, as we all know, as our country was already in the midst of a contentious presidential election process. In keeping with the Biden Rule, which states that…
    Sen. Mitch McConnell
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    • News

    Here’s the Potential Short List for Trump’s Supreme Court Pick

    President-elect Donald Trump has narrowed his potential Supreme Court picks to only the federal appeals court judges on his broad list of potential nominees, according to CNN. CNN reported that Vice President-elect Mike Pence said the team is “winnowing” the list that “is made up of mostly federal appellate court judges.” That doesn’t automatically mean…
    Fred Lucas
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    • News

    Majority Supports Swift Confirmation of Originalist Supreme Court Judge

    A new poll finds a significant majority of Americans support the rapid confirmation of a Supreme Court justice who will interpret the Constitution according to its original meaning. Eighty percent of participants in a new Marist poll said filling the vacancy on the Supreme Court should be an “immediate” or “important” priority for the new administration….
    Kevin Daley
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    • Opinion

    How a Federal Judge’s Last-Minute Injunction Against the Overtime Rule Will Help Workers and Businesses

    Yesterday, U.S. District Judge Amos L. Mazzant, appointed by President Barack Obama, issued a nationwide injunction against the administration’s final overtime rule, which was scheduled to take effect on Dec. 1. The temporary injunction came as the result of a consolidated legal challenge against the rule, brought by 21 states and more than 50 business…
    Rachel Greszler
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