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

    New Court Decision Suggests Supreme Court Should Reconsider Roe v. Wade

    This week, an Eighth Circuit Court of Appeals panel ruled against North Dakota’s fetal heartbeat law. Though the state has been ordered to not enforce the law, the appeals court strongly signaled that the Supreme Court should revisit its abortion precedents, including Roe v. Wade. Passed in 2013, North Dakota’s H.B. 1456 makes it a…
    Elizabeth Slattery
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    • Opinion

    After Supreme Court Gay Marriage Ruling, How We Can Protect Freedom for Everyone

    Even now that the Supreme Court has redefined marriage, Americans who believe that marriage is union of husband and wife should be free to live and work in accord with their convictions. That’s a central theme of my new book, “Truth Overruled: The Future of Marriage and Religious Freedom.” When he “evolved” on the issue…
    Ryan T. Anderson
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    • Opinion

    The Supreme Court’s One Good Decision

    To say that conservatives haven’t had much to cheer about at the Supreme Court lately is an understatement. Much has been said—and rightly so—denouncing the judicial acrobatics required to save Obamacare and strike down state bans on same-sex marriage. So I wanted to take a moment to spotlight a case where the court got it right: Michigan v. EPA. As the saying…
    Ed Feulner
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    • Opinion

    Thanks to This Supreme Court Decision, The Government Could Seize Your Living Room

    Take a look around your living room. There’s a risk that it could become part of a food court in a mall or an assembly line in a factory. This is possible because of a decision handed down 10 years ago this month by the U.S. Supreme Court. In Kelo v. City of New London, the…
    Daren Bakst
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    • News

    Man ‘Inspired’ By Supreme Court Gay Marriage Ruling Fights to Have Two Wives

    A polygamous Montana trio recently applied for a second marriage license, according to the Associated Press. They plan legal action if their application is rejected. Nathan Collier and his wife Victoria were legally married in 2000, and in 2007, he and Christine were married only in a religious ceremony to avoid bigamy charges. Same-sex marriage…
    Kate Scanlon
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    • Opinion

    3 Ways Conservatives Can Fight Back Against Activist Supreme Court’s Marriage Decision

    Looking for ways to fight back against the Supreme Court’s activist decision on marriage? On Tuesday, Roger Severino, the director of the DeVos Center for Religion and Civil Society at The Heritage Foundation, hosted a panel discussion on “Marriage at the Supreme Court: Post-Decision Analysis.” The panel featured constitutional attorney Gene Schaerr, Carrie Severino, of…
    Melody Wood
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    • Opinion

    Supreme Court Decision Against EPA a ‘Victory for Common Sense’

    Today, the Supreme Court in Michigan v. EPA held that the Environmental Protection Agency improperly ignored costs when it decided to regulate hazardous air pollutants from power plants. The court, in this 5-4 opinion, struck down this extremely costly rule, known as Utility MACT or Mercury and Air Toxics Standards (MATS). Under Section 112 of…
    Alden Abbott
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    • Opinion

    Supreme Court Decides ‘Legislature’ Doesn’t Really Mean ‘Legislature’

    Today, in Arizona State Legislature v. Arizona Independent Redistricting Commission, the four liberal justices joined by Justice Anthony Kennedy (again) refused to follow the Constitution (again) by throwing out a claim that had been filed by the Arizona state legislature challenging a ballot proposition that stripped the legislature of its redistricting authority. In 2000, a…
    Hans von Spakovsky
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    • News

    After Supreme Court Rulings, Martin O’Malley Celebrates ‘Tremendous Week’ With Iowans

    AMES, Iowa—Former Maryland Gov. Martin O’Malley spoke at a casual backyard house party here Sunday evening, celebrating with Iowans a “tremendous week” that saw Democrats win big in the Supreme Court. “What a tremendous week we had,” said O’Malley, who is a democratic candidate for president in 2016. “If you ever doubt whether or not…
    Leah Jessen
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    • News

    21 Pictures From This Week at the Supreme Court

    The past week was filled with anticipation, joy, disappointment, long hours of waiting in the merciless Washington, D.C., heat, and endless streams of analysis and commentary—all because we've reached the end of another Supreme Court term. Decisions on the future of Obamacare and same-sex marriage left some jubilant and others scrutinizing the role of the judicial branch….
    Samantha Reinis
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    • Opinion

    Is Kennedy Still the Swing Vote on the Supreme Court?

    For many of the highest-profile U.S. Supreme Court cases, it all comes down to one man. Though only 20 percent of cases each term are decided by one vote and 65 percent in the last term were unanimous decisions, litigants often craft arguments aimed at capturing his vote and pander to him at oral argument….
    Elizabeth Slattery
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    • Opinion

    How the Supreme Court Housing Decision Will Hurt, Not Help, Poor Americans

    The news about the Supreme Court’s abysmal decision in King v. Burwell, in which the majority assumed the job of Congress and rewrote an unambiguous provision of SCOTUSCare (formerly Obamacare) to change it, obscured the release of a second, similarly awful opinion by the court today. The decision in Texas Dept. of Housing and Community Affairs…
    Hans von Spakovsky
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    • Opinion

    Supreme Court Decision Makes It Harder for Government to Take Personal Property From Americans

    Can the government force raisin farmers to hand over large portions of their crop without paying any compensation? On Monday, eight members of the Supreme Court resoundingly said, “No!” in Horne v. Department of Agriculture. Under a 1940s era marketing order intended to maintain profits for domestic raisin producers, farmers are required to sell their…
    Alden Abbott
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    • Opinion

    The Two Key Mistakes the Supreme Court Made When Deciding Kelo

    June 23 marks the 10th anniversary of the Supreme Court’s highly controversial decision, Kelo v. City of New London. The Fifth Amendment Public Use Clause authorizes a city to exercise its eminent domain power only “for public use.”  Yet, in Kelo the court permitted a city to transfer one homeowner’s property to another private party…
    Paul J. Larkin
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    • Opinion

    Supreme Court Rules Government Can’t Pick and Choose What Speech Is Free

    In a unanimous decision, the Supreme Court struck down a town’s sign ordinance as an unconstitutional, content-based regulation of speech. This ruling for free speech means the government can’t pick and choose what speech deserves more protection based on the content of the speech. Like most other towns in America, Gilbert, Ariz., regulates when, where…
    Hans von Spakovsky
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    • Opinion

    7 Supreme Court Cases to Watch for This June

    In the next three weeks, the U.S. Supreme Court will be wrapping up its 2014-2015 term. By the end of this month, the Court will hand down opinions in the most anticipated cases of the year. Here are seven cases to watch for in the coming weeks: Reed v. Town of Gilbert: The Town of…
    Elizabeth Slattery
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    • Opinion

    3 Things You Need to Know About Marriage and the Supreme Court This Month

    Later this month The Supreme Court is expected to issue its ruling on state marriage laws. Here are the three most important things you need to know about the case, and what to do after the Court rules. 1. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the…
    Ryan T. Anderson
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    • Opinion

    Federal Judge Refuses to Reschedule Marijuana Under Controlled Substances Act

    On April 15, 2015, U.S. District Court Judge Kimberly Mueller for the Eastern District of California ruled the federal statute prohibiting marijuana for all purposes was rationally justified and the defendants had not met their burden of being discriminated by enforcement of federal marijuana laws. The defense had petitioned the Court to reschedule marijuana from…
    Bertha K. Madras
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    • News

    Supreme Court Justice Scalia: Constitution, Not Bill of Rights, Makes Us Free

    To hear Supreme Court Justice Antonin Scalia tell it, America’s freedoms don’t come from freedom of speech or freedom of the press. It’s not the right to bear arms that keeps us free, nor is it the right to “be secure … against unreasonable search and seizure” or to a “speedy and public trial, by…
    Kevin Mooney
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    • Opinion

    In-Depth: Key Questions and Remarks From the Supreme Court Oral Arguments on Marriage

    Tuesday’s oral arguments at the Supreme Court were excellent. There were so many good points made about what marriage is and why redefining marriage would cause harms. This litany of harms stands in stark contrast to the outrageous lower court rulings that had declared no rational basis to state marriage laws defining marriage as it…
    Ryan T. Anderson
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