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 25 States Have Asked Supreme Court to Halt This Costly EPA Regulation
Twenty-five states (and four state agencies) are petitioning the Supreme Court to halt the Environmental Protection Agency (EPA)’s Clean Power Plan, after the Court of Appeals for the District of Columbia Circuit declined to stay the rule last week. The states described the Clean Power Plan “as the most far reaching and burdensome rule EPA… -
opinion
From Inside the Supreme Court, the Key Exchanges on a Case Pitting Unions vs. First Amendment
This morning, the Supreme Court heard a challenge to the requirement in California that government employees, such as public school teachers, pay fees to the local union even if they choose not to join the union. First Amendment Rights In Friedrichs v. California Teachers Association, Rebecca Friedrichs and other teachers argue that forcing them to… -
news
Disapproval Rating of Supreme Court Reaches New High
Disapproval rates of the high court are rising, according to a new Gallup poll. The poll, released Friday, shows a 50-percent disapproval rating of the Supreme Court. Underlying the disapproval rating is a wide partisan gap. Most of those who disapprove of the Supreme Court’s performance are Republican,… -
news
Two Top Litigators Preview Upcoming Supreme Court Cases
The new term for the Supreme Court is gearing up to begin on Oct. 5. Top Supreme Court litigators Paul Clement, a former U.S. solicitor general, and Lisa Blatt, an adjunct professor of law at Georgetown University, spoke on Tuesday at The Heritage Foundation. Clement and Blatt, who have collectively argued more than 100 cases before the… -
opinion
5 Cases to Watch in the Supreme Court’s Next Term
The Supreme Court’s last term was one for the history books, with high-profile cases involving Obamacare and gay marriage. The next term may not attract the same level of attention from the media and general public, but the justices will consider a number of important issues. Voting rights, public employee unions, and racial preferences in… -
news
How the Supreme Court’s ‘One Person, One Vote’ Case Could Boost Republican Clout
The Supreme Court will trek into a redistricting case this fall that will settle the contested meaning of the “one person, one vote” principle that has shaped American elections for over half a century. At hand is whether electoral districts should continue to be drawn using a state’s total population, which is the current precedent,… -
news
What’s Next for the Marriage Debate After Supreme Court Ruling
Far from settling the marriage debate, the Supreme Court’s ruling on Obergefell v. Hodges raised more questions, according to four participants in a panel discussion Tuesday at The Heritage Foundation. Regardless of their views on same-sex marriage, the panelists said that the majority’s opinion in the Obergefell ruling is unclear, and fails to provide accommodation for… -
opinion
Federal Judge Blocks EPA and Corps’ Water Rule From Going into Effect
On Aug. 27, 2015, a federal district judge in North Dakota issued an order delaying the effective date of the Environmental Protection Agency (EPA)’s and the Army Corps of Engineers’ rule defining what waters they can regulate under the Clean Water Act. According to a press release from the North Dakota attorney general’s office: In today’s order, Judge Erickson agreed that… -
news
County Clerk Appeals Federal Judge’s Gay Marriage Mandate
Lawyers for a county clerk in Kentucky who refuses to issue marriage licenses to same-sex couples appealed a federal judge’s order that she do so, asking that the clerk not have to comply meanwhile. Rowan County Clerk Kim Davis so far has not obeyed the order of U.S. District Judge David Bunning that she resume issuing… -
opinion
4 Reasons We Must Protect Freedom for Everyone After Supreme Court’s Marriage Ruling
The Supreme Court’s redefinition of marriage has left many concerned about protecting freedom for everyone who believes that marriage is the union of a man and a woman. Among them are law professors Richard W. Garnett, John D. Inazu and Michael W. McConnell. In a characteristically thoughtful essay at Christianity Today, they argue that post-Obergefell,… -
opinion
How Supreme Court’s Understanding of ‘Liberty’ in Gay Marriage Case Could Have Repercussions
Justice Samuel Alito joined Weekly Standard editor Bill Kristol for a 90-minute conversation about life, baseball and a few recent Supreme Court decisions. Alito expressed concern about what “liberty” means following the decision in Obergefell v. Hodges. The 14th Amendment’s Due Process Clause, which prohibits the deprivation of life, liberty or property without due process… -
opinion
Can Government Unions Demand Your Money? The Supreme Court Will Decide Next Term.
After multiple tries, the U.S. Supreme Court will have the opportunity next term to overturn an outdated ruling from a 1977 case, Abood v. Detroit Board of Education. Previously, the Court ruled against public school teachers who didn’t want to pay dues to a union. The Supreme Court has recently made clear that government employees… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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…