Supreme Court News

In-depth reporting and commentary on the Court’s rulings and their influence on law, politics, and society.
Filter articles by
  • opinion

    Canada’s Supreme Court Relegates Religious Beliefs to Second-Tier Status. America, Be Warned.

    Canada’s Supreme Court recently ruled 7-2 against Trinity Western University, prioritizing sexual orientation over the free exercise of religion. This ruling should serve as a warning flag to U.S. citizens. Canada was only nine years ahead of the United States in redefining marriage. If the U.S. does not change direction, we could follow in Canada’s…
    Read More
  • opinion

    Democrats Are Using Shallow Arguments to Hold Up the Next Supreme Court Nominee. Here’s Why They Won’t Work.

    Three signs suggest that Democrats already believe they won’t have the votes to defeat President Donald Trump’s nominee to replace Justice Anthony Kennedy. First, Democrats no longer have the filibuster to prevent confirmation votes. They abolished filibusters for all but Supreme Court nominations in 2013 and Republicans took Supreme Court nominations off the filibuster table…
    Read More
  • opinion

    Meet the 6 Stellar Judges Leading the Pack on Trump’s Supreme Court Short List

    President Donald Trump is expected to announce July 9 his nominee to replace Justice Anthony Kennedy on the Supreme Court. In 2016, Trump put together a list of potential Supreme Court picks during his campaign for president and has amended it twice—bringing the current total to 25 highly qualified conservative individuals. I will be making…
    Read More
  • opinion

    In Janus v. AFSCME, Supreme Court Throws Out Bad Precedent on ‘Compelled Speech’

    On the last day of its 2017-18 term, the Supreme Court’s decision in Janus v. AFSCME on Wednesday strengthened the First Amendment right to free speech and showed how the court should analyze whether to overrule one of its previous decisions. In the labor context, a “bargaining unit” is a group of employees with clear…
    Read More
  • news

    Supreme Court Strikes Down Mandatory Union Fees for Government Employees

    The Supreme Court ruled 5-4 Wednesday that nonunion government workers can't be forced to pay dues or other fees to support a union, further diminishing the power of organized labor and setting up what right-to-work proponents called the “hard work” of protecting free speech rights for the nation's government employees. Right-to-work advocates also expressed concern…
    Read More
  • opinion

    Supreme Court Usurps Power of Congress, Regulates Interstate Commerce

    Thursday’s Supreme Court decision in South Dakota v. Wayfair, Inc. threatens to upend online commerce, drive thousands of small entrepreneurs out of business, and hike prices for hundreds of millions of consumers. Under prior law, states could not force remote retailers to collect and remit sales taxes on their behalf unless the business had a…
    Read More
  • opinion

    Supreme Court Botches Wayfair Ruling, Putting Small Online Businesses at Risk of New Taxes

    Small online businesses and consumers around the country will suffer the most from the Supreme Court’s ruling Thursday in South Dakota v. Wayfair Inc. It’s now up to Congress to protect internet retailers from taxes imposed by states other than their own. The court essentially ruled that all 50 states and the tens of thousands…
    Read More
  • opinion

    What We Need in Our Federal Judges

    The level of conflict over President Donald Trump’s judicial nominations exceeds anything in recent memory. That conflict will only escalate should a new vacancy occur on the Supreme Court—a possibility that has been floated in recent months. In one important way, the process of appointing federal judges is similar to any hiring process: It must…
    Read More
  • opinion

    Podcast: The Legal Grounds on Which Jack Phillips Won Supreme Court Case

    The Heritage Foundation’s Emilie Kao joins us to discuss the Supreme Court ruling Monday on the case of Jack Phillips, a Christian baker who refused to make a cake for a same-sex wedding. Plus: Bill Clinton gets defensive about Monica Lewinsky and the #MeToo movement.
    Read More
  • opinion

    Supreme Court Upholds Baker’s Right to Disagree With Gay Marriage in Marketplace

    Monday’s 7-2 Supreme Court decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission is a big win for the religious liberty of all Americans. The court made it clear that hostility toward religion has no place in America, least of all in our government. At the center of Masterpiece Cakeshop is Jack Phillips, the Christian…
    Read More
  • opinion

    In Cake Case, 7 Supreme Court Justices Uphold Free Exercise of Religion

    The U.S. Supreme Court ruled 7-2 Monday that a Colorado baker’s right to exercise his religion had been denied when a state agency penalized him for declining, based on his religious beliefs, to create a custom cake for a same-sex wedding. Justice Anthony Kennedy wrote the opinion, and even liberal Justices Stephen Breyer and Elena…
    Read More
  • opinion

    This Supreme Court Case Could Change Online Shopping Overnight

    Online commerce as we know it could soon radically change. In a case it recently heard, the Supreme Court could eliminate the current requirement that a business have some physical connection with a state before the state can tax the business. If that were to happen, consumers would pay more for goods ordered online, small…
    Read More
  • opinion

    No, 5 Men on the Supreme Court Did Not Just Decimate #MeToo

    Last week, the Supreme Court released its opinions for Epic Systems Corp. v. Lewis, and the majority holding set off a firestorm of criticism from advocates for the #MeToo campaign against sexual assault and harassment. Some advocates went so far as to accuse five men (the case was decided by a 5-4 majority) of seriously…
    Read More
  • opinion

    Supreme Court to Police: Get Off the People’s Lawn

    This week, the Supreme Court held that the Fourth Amendment does not permit a police officer to enter uninvited onto someone’s driveway to search a parked vehicle, without first obtaining a warrant. That’s an important ruling, since no one wants police officers roaming across their private property searching for evidence of a crime. But Justice…
    Read More
  • opinion

    Supreme Court Rules for Federalism in Sports Betting Case

    On Monday, the Supreme Court struck down a federal law that prevented states from legalizing sports betting in Murphy v. NCAA. The ruling struck a blow against federal overreach and restored to states the power to set their own policies related to gambling. The court ruled 7-2, with Justice Stephen Breyer joining all but one…
    Read More
  • opinion

    Supreme Court Hears Case on Internet Sales Tax

    Should online retailers have to collect sales taxes for states? That’s the central question in South Dakota v. Wayfair, a case dealing with the state’s attempt to force out-of-state retailers to collect sales taxes when its residents make a purchase online. The Supreme Court heard oral argument this week about whether it should overturn Quill Corp….
    Read More
  • opinion

    3 Cases to Watch as the Supreme Court Begins to Wrap This Term

    This week marks the start of the Supreme Court’s final oral argument sessions of the current term. The justices will hear arguments in several important cases, including challenges to the constitutionality of administrative law judges, state sales taxes for out-of-state online retailers, and the infamous Trump “travel ban,” making this month one to watch. South…
    Read More
  • news

    How Local Right-to-Work Battles Could Land at Supreme Court

    If a federal court strikes down a local right-to-work ordinance in Illinois, the case could move up to the Supreme Court, according to legal analysts who have argued in favor of similar initiatives in other parts of the country. That’s because a negative ruling from a three-judge panel of the 7th U.S. Circuit Court of…
    Read More
  • opinion

    Supreme Court Keeps Tax Code From Becoming a Dragnet

    Here’s a win for limited government and the rule of law, tailor-made for tax season. In Marinello v. United States, a 7-to-2 majority of the Supreme Court limited the government’s sweeping interpretation of the tax code’s criminal catch-all provision, which prohibits “corruptly … endeavor[ing] to obstruct or impede the due administration” of the tax code….
    Read More
  • opinion

    3 Supreme Court Cases to Watch This Month

    The Supreme Court is back in session this week. The justices will hear oral arguments in cases dealing with free speech, political gerrymandering, and the rights of criminal defendants. Here are three cases to watch. 1. Can states force pro-life centers to advertise for abortions? On March 20, the court will hear arguments in NIFLA…
    Read More