Supreme Court News
In-depth reporting and commentary on the Court’s rulings and their influence on law, politics, and society.
-
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…. -
opinion
What You Need to Know About Marriage and the Supreme Court
Does the Constitution require the government to recognize same-sex marriages? With the Supreme Court set to hear arguments this term on cases about same-sex marriage, it’s a pressing question. In February, Ryan T. Anderson, the William E. Simon fellow at The Heritage Foundation, spoke to students and faculty at The Franciscan University of Steubenville in Ohio… -
opinion
The Supreme Court Heard King v. Burwell. Here’s What the Justices Asked About and Commented On.
Today the Supreme Court heard oral argument in King v. Burwell, an important case dealing with the Obama administration’s attempt to hand out tax credits not authorized by the text of the law. This is the third appearance of Obamacare before the Supreme Court and the justices were so intrigued by the case that Chief… -
opinion
Did Abercrombie Discriminate Against an Applicant Because of Her Religion? Supreme Court Justices Hear Case
On Wednesday, the Supreme Court heard oral argument in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, an anti-discrimination case involving a Muslim teenager who applied to be a model at the clothing store. Samantha Elauf was not offered a job and filed a complaint with the Commission, alleging that Abercrombie refused to hire… -
opinion
Does Fair Housing Act Only Prevent Intentional Discrimination? Supreme Court to Hear Arguments
On Jan. 21, the U.S. Supreme Court will hear oral arguments in a case involving the Obama administration’s favorite dubious legal theory, “disparate impact.” Then again, maybe it won’t — because the administration or some of its more radical allies in the civil-rights movement might snatch the case out of the court’s hands by engineering… -
opinion
Will the Supreme Court Protect a Farmer’s Right to Grow and Sell Raisins?
On Friday the U.S. Supreme Court agreed to hear a case brought by California raisin farmers who were fined by the government for selling their crop on the open market, instead of limiting their sales by delivering some of their raisins to a government-approved middleman. This case illustrates the absurdity of a government program that… -
opinion
Is the Next Roe v. Wade Coming? Supreme Court to Hear Marriage Case
Today the Supreme Court of the United States announced that it would rule on the constitutional status of state marriage laws. It granted certiorari and consolidated four cases coming out of Ohio, Kentucky, Michigan and Tennessee. The Supreme Court should uphold these laws and respect the constitutional authority of citizens and their elected officials to… -
news
How a Silly Dispute Over Signs Made It All the Way to the Supreme Court
A small church relies on temporary signs to invite and direct worshipers to its services. However practical, the pastor's goal ran up against a town's strict limitations on the size of signs, the number that can be posted and for how long. The town officials of Gilbert, Ariz., however, don't impose those same restrictions on… -
opinion
Supreme Court Establishes that Police, But Not the Rest of Us, Can Get the Law Wrong—And Not Face Charges
If a police officer’s erroneous understanding of the law leads to him pulling someone over, does he violate the Fourth Amendment, which established “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”? On Monday, the Supreme Court said no, it’s not a violation. In… -
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… -
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… -
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… -
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… -
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,… -
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… -
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:… -
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…