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
Why the Supreme Court Might Agree to Hear a Same-Sex Marriage Case After All
Last month, the Supreme Court surprised the national news media by refusing to hear any of the seven same-sex marriage cases that had been pending. Following that denial of review, the status of same-sex marriage appears to be based on an odd sort of federalism. If you live in a region of the country governed…Andrew Kloster -
- Opinion
Democrat-Appointed Federal Judge: No Right to Same-Sex Marriage
On Tuesday, United States District Judge Juan Pérez-Giménez upheld Puerto Rico’s law defining marriage as the union of a man and a woman. He concluded that the U.S. Constitution does not require the redefinition of marriage. Notably, Pérez-Giménez becomes the first Democrat-appointee to the federal bench to uphold marriage law since the Supreme Court’s Windsor decision on…Ryan T. Anderson -
- Opinion
The Claim That Supreme Court Has Become More Conservative Is Laughable
Washington Post Supreme Court correspondent Robert Barnes claims that the Supreme Court has become more conservative during John Roberts’ nine-year tenure as Chief Justice. Such a characterization shows a misunderstanding of the role of courts. Rather than label the Roberts Court as “conservative” or “liberal,” it would be more accurate to describe the Court as…Elizabeth Slattery -
- Opinion
Cruz: ‘Tragic,’ ‘Indefensible’ That Supreme Court Chose to Not Hear Marriage Cases
The Supreme Court’s decision to let rulings by lower court judges stand that redefine marriage is both tragic and indefensible. By refusing to rule if the states can define marriage, the Supreme Court is abdicating its duty to uphold the Constitution. The fact that the Supreme Court justices, without providing any explanation whatsoever, have permitted…Ted Cruz -
- Opinion
Supreme Court Decision Will Lead to Gay Marriage in Five States. Why That’s Wrong.
Today the U.S. Supreme Court declined to review appeals from Utah, Oklahoma, Virginia, Indiana and Wisconsin on the definition of marriage. This means that lower court rulings that struck down state marriage laws now will go into effect, forcing the redefinition of marriage in these states and potentially in other states in the 4th, 7th,…Ryan T. Anderson -
- Opinion
6 Key Supreme Court Cases This Term
If you use Facebook, pay taxes, enjoy fishing or drive a car, the 2014-2015 term of the Supreme Court, which begins Oct. 6, will be worth watching. Many of the cases from the last term touched on issues such as executive power, religious liberty, free speech and racial preferences. Here are highlights of the upcoming…Elizabeth Slattery -
- Opinion
Federal Judge: U.S. Constitution Doesn’t Require Redefinition of Marriage
Does the U.S. Constitution require the states to redefine marriage? Earlier today a federal judge said no. Judge Martin L.C. Feldman upheld Louisiana’s constitutional authority to define marriage as the union of a man and a woman—as 78 percent of Louisiana voters did in 2004. Feldman noted that Louisiana’s marriage law furthers two important interests:…Ryan T. Anderson -
- News
Critics of Race-Based Admissions Seek Decisive, Unequivocal Ruling From Supreme Court
It is beginning to look as if yet another case dealing with racial preferences in college admissions will make it to the U.S. Supreme Court. Abigail Fisher, a white woman from Texas who was denied admission into the University of Texas’ 2008 class, asserts the university unlawfully excluded her to achieve race-based admissions goals. Instead…Kevin Mooney -
- Opinion
Supreme Court: What the Trend of Unanimous Decisions Really Means
Unanimity, collegiality, and nonpartisanship: These appear to be the goals for the U.S. Supreme Court under the leadership of Chief Justice John Roberts. This seeming unity on the Court, however, turns out to be only surface deep. The most recent term showed a spike in unanimous decisions—nearly two-thirds of the 73 decisions—a level of agreement…Elizabeth Slattery -
- Opinion
The Supreme Court Vs. Eric Holder
If Eric Holder were a baseball player, he’d have been benched long ago — if not kicked off the team. His batting average before the Supreme Court is abysmal, losing again and again in his efforts to undermine the Constitution. This term featured four big strike downs. First was Burwell v. Hobby Lobby, in which…John Fund -
- Opinion
The Ten Supreme Court Decisions This Year That Will Change America
With the Supreme Court on summer recess, it’s time to review the biggest cases of the October 2013 docket. SCOTUSblog’s “Stat Pack” notes that the Court this term had a high degree of unanimity and a relative lack of 5-4 decisions. But by margins both large and small, the court issued a number of important cases….Andrew Kloster -
- Opinion
First Amendment Victory: Supreme Court Rules Against Union Taking Dues From Non-Members
Today the U.S. Supreme Court handed down an important victory for participants in home-health care programs. In a 5-4 decision authored by Justice Samuel Alito, the Court held in Harris v. Quinn that Illinois’ forced unionization scheme violated the First Amendment. The Supreme Court also criticized the practice of forced unionization for all government employees…James Sherk -
- News
Democracy’s Digital Forum: Twitter Reaction to #SCOTUS Ruling on Hobby Lobby
This morning, #SCOTUS (aka U.S. Supreme Court) went viral. As the high court handed down its decision on the Obamacare mandate, politicians, pundits and private citizens took to Twitter to spread the news. Since the announcement, democracy’s digital forum continues to explode with tweets about the decision. We curated a few below: HOBBY LOBBY WINS AT…Philip Wegmann -
- Opinion
Supreme Court Holds That Pro-Lifers Have First Amendment Rights, Too
In 2007, Massachusetts passed a law that prohibited anyone from knowingly entering or remaining on a “public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit, or driveway…” In case it’s not obvious, this law was targeted at “sidewalk counselors” and…Andrew Kloster -
- Opinion
Supreme Court Fails to Rein in EPA
Contrary to headlines such as Fox News’ “Supreme Court limits EPA global warming rules,” the Supreme Court today ruled in favor of broad authority for the Environmental Protection Agency. In an important opinion, the court ensured the EPA will continue to use its authority under the Clean Air Act to regulate “global warming,” and industry will…Andrew Kloster -
- Opinion
Jilted Lovers and Unlimited Congressional Power: Another Day at the Supreme Court
The Supreme Court issued its decision in Bond v. United States, a much-awaited case that asked the question, as Justice Scalia cleverly put it in a different case: Can the Senate, the President, and, say, Zimbabwe conspire to pass laws that the Senate, the House, and the President cannot? In other words, does the Article…Andrew Kloster