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
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… -
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… -
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… -
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… -
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… -
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… -
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… -
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… -
news
As Supreme Court Debates, 2016 Presidential Hopefuls Define Marriage Views
The national debate over same-sex marriage has landed back in the Supreme Court, but few major presidential candidates routinely put the issue on the front burner. “[T]he progressive left is seeking to force their view of marriage upon all Americans.”–@tedcruz Among more than a dozen possible Republican hopefuls, only three spoke out forcefully in recent days… -
news
Ryan T. Anderson’s Instant Analysis of Supreme Court’s Same-Sex Marriage Case
The Daily Signal caught up with The Heritage Foundation’s Ryan T. Anderson moments after Supreme Court justices concluded oral arguments on same-sex marriage. Anderson, Heritage’s William E. Simon senior research fellow in American principles and public policy, spent the morning in the courtroom and shared his take with us on the debate and Justice Anthony Kennedy’s questions. -
opinion
The Key Supreme Court Briefs Supporting State Man-Woman Marriage Laws
The briefs are in—over 150 in all—and today the Supreme Court will hear the arguments in the cases on states’ freedom to make marriage policy. Here are highlights of points made in the amicus briefs supporting man-woman marriage laws that the Court should consider: More than 50 million Americans voted to retain the man-woman definition of marriage—61… -
opinion
Why Today’s Supreme Court Case on Same-Sex Marriage Matters
Today the U.S. Supreme Court will meet for more than two hours to hear oral arguments about same-sex marriage. So why does this matter? Sarah Torre, a policy analyst at The Heritage Foundation, explains what you need to know about the case. >>> Don’t Silence the 50 Million Who Voted for One Man-One Woman Marriage -
news
Marriage Debate Marches Into Nation’s Capital Ahead of Supreme Court Case
As the debate over same-sex marriage heats up across the country, advocates for traditional marriage gathered in the nation’s capitol to make their voices heard. With the U.S. Supreme Court taking on the issue in a landmark gay marriage case in the coming weeks, The Daily Signal asked attendees of the 2015 March for Marriage—and some protesting the… -
opinion
Regardless of How the Supreme Court Scrutinizes Man–Woman Marriage Laws, They Are Constitutional
The amicus brief filed on behalf of Governor C. L. Otter of Idaho in the same-sex marriage case before the Supreme Court is remarkable for two reasons. First, aside from Alabama Governor Robert Bentley and the governors who are named parties (and thus had no choice), he is the only sitting governor with the chutzpah… -
opinion
Cartoon: The Supreme Court and Gay Marriage
Ryan T. Anderson, the William E. Simon senior research fellow in American Principles and Public Policy at The Heritage Foundation, wrote about the same-sex marriage case earlier this week: On Tuesday, the Supreme Court will hear oral arguments about gay marriage. Here’s what you need to know. 1. There simply is nothing in the U.S…. -
opinion
What You Need to Know About Gay Marriage and the Supreme Court
One week from today, the Supreme Court will hear oral arguments about gay marriage. Here’s what you need to know. 1. There simply is nothing in the U.S. Constitution that requires all 50 states to redefine marriage. Whatever people may think about marriage as a policy matter, everyone should be able to recognize the Constitution… -
opinion
Should Buying Bath Salts Land You in Jail? Four Cases the Supreme Court Will Hear in April
The Supreme Court justices will be hard at work churning out decisions through the end of June, but April brings to a close oral arguments for the 2014-2015 term. Over the next two weeks, the justices will hear oral arguments in seven cases, including cases involving criminal law, overregulation, same-sex marriage and the death penalty…. -
opinion
Can EPA Ignore Costs of This Very Expensive Regulation? Supreme Court to Decide.
In 2012, the Environmental Protection Agency published its final Mercury and Air Toxics Standards that regulate the emissions of hazardous air pollutants from power plants. There was one “slight” problem. By EPA’s own estimates, the economic costs would be $9.6 billion annually, making this one of the costliest rules ever issued by the EPA. This… -
opinion
Should Dentists Be Regulators of Teeth Whitening Providers? What the Supreme Court Ruled.
Should someone need a license to whiten your teeth? In February, the Supreme Court sided with the Federal Trade Commission in its antitrust lawsuit against the North Carolina Board of Dental Examiners. The Board, which regulates the practice of the dental industry in North Carolina, was sued by the Commission after sending cease-and-desist letters to… -
opinion
Memo to Supreme Court: Nothing in the Constitution Requires States to Redefine Marriage
Next month, the U.S. Supreme Court will hear oral arguments about the constitutional status of state laws defining marriage as the exclusive union of husband and wife. The overarching question before the Supreme Court is not whether an exclusively male–female marriage policy is the best, but only whether it is allowed by the U.S. Constitution….