The Daily Signal examines Justice Sotomayor’s judicial philosophy, notable opinions, and her perspectives on social and constitutional issues in contrast to the conservative majority.
Some conservative-leaning justices had hard questions for Solicitor General John Sauer on Wednesday when he argued to reverse nearly 130 years of precedent on birthright citizenship, as President Donald Trump was in attendance. The case involves Trump’s executive order instructing agencies not to recognize citizenship for U.S.-born children without at least one parent who is…
Can the government prohibit what a therapist says to a client behind closed doors? March 31, in an 8-1 opinion, the U.S. Supreme Court answered that question with a firm “No.” But the fact of an overwhelming majority of the court—eight justices—also suggests the narrowness of the opinion itself. Indeed, Justice Neil Gorsuch’s majority opinion…
The Supreme Court held in an 8-1 ruling on Tuesday that a Colorado ban on “conversion therapy” for counselors unlawfully regulates speech and is viewpoint discrimination. Justice Neil Gorsuch, a President Donald Trump appointee, issued the majority opinion. Justices Elena Kagan and Sonia Sotomayor—both appointees of President Barack Obama—issued concurring opinions. Only Justice Ketanji Brown…
Under our Constitution, state legislatures retain primary authority for setting the rules and procedures governing elections—even federal ones. This is true for both congressional and presidential elections. But Congress can step in and alter those default state-level rules. And it has chosen to do so in several important ways. For example, it has fixed by…
The Supreme Court’s conservative justices on Monday seemed particularly skeptical of arguments by the state of Mississippi that mail-in ballots arriving after Election Day should still be counted. Mississippi counts ballots that arrive up to five days after Election Day. At least 17 states and the District of Columbia count ballots that arrive late, with…
The Supreme Court Monday vindicated parental rights, upholding an injunction against California’s gender secrecy policy, which mandated that school staff hide a student’s claimed transgender identity from parents unless the student expressly consented to reveal it. “This is a watershed moment for parental rights in America,” Paul Jonna, special counsel at the Thomas More Society,…
Most justices appeared skeptical of a federal law banning gun possession for illegal drug users and addicts during Supreme Court arguments Monday. Intermingling gun rights and the war on drugs, the case has put the ACLU and the National Rifle Association on the same side, while President Donald Trump’s Justice Department is defending the existing…
The Supreme Court has struck down President Donald Trump’s use of the International Emergency Economic Powers Act to impose tariffs by a vote of 6-3, with Chief Justice John Roberts writing for the majority. Notably, the majority opinion made clear: “We claim no special competence in matters of economics or foreign affairs. We claim only,…
Conservative-leaning justices had tough questions for whether President Donald Trump can fire a member of the Federal Reserve Board of Governors, in a Supreme Court case that could have a major impact on monetary policy and the economy. Trump had attempted to oust Federal Reserve Board Governor Lisa Cook based on alleged misstatements she made…
The Supreme Court heard arguments Tuesday over Hawaii’s ban on carrying a handgun in public accommodations—such as stores, restaurants, and gas stations—without the property owner’s permission. Alan Beck, lawyer for the plaintiffs, said that entering such spaces is an “implied right,” unless the property owner opposes. He said Hawaii’s law flips that presumption and requires…
The Supreme Court’s conservative-leaning majority seems poised to scrap a 90-year precedent that has insulated the deep state for decades. Justices are weighing whether an elected president can remove executive branch officials serving on supposedly “independent” commissions or boards, and whether blocking the president from doing so violates the constitutional principle of separation of powers….
Last week, the Supreme Court held oral arguments in Trump v. CASA, Inc., a case that stems from President Donald Trump’s January executive order on birthright citizenship. At this point in the litigation, the court isn’t addressing the constitutionality of the order itself, but instead will resolve an important procedural question over the power of…
Supreme Court Justice Sonia Sotomayor visited Harvard University last week to accept the Radcliffe Medal, which, says Harvard, “is presented annually to an individual who has had a transformative impact on society.” In 2018, Harvard gave the award to Hillary Clinton—the former secretary of state who lost the 2016 presidential election to Donald Trump. In…
Ever since losing control of the Supreme Court to a nominally conservative majority, many of the same liberals who have brazenly called for “packing the court” are now just as brazenly seeking to unpack it. If ever there was proof that the Left views the Supreme Court as just another legislative body to lobby for…
Justice Sonia Sotomayor’s taxpayer-funded staff frequently pushed colleges and libraries to purchase her books ahead of speaking engagements, according to The Associated Press. Supreme Court staff often assisted with arranging speaking engagements designed to promote Sotomayor’s books, which have earned the justice a minimum of $3.7 million since she took her seat on the bench…
Justice Sonia Sotomayor’s ludicrous claim before her Supreme Court peers during Jan. 7 oral arguments that 100,000 children were “in serious condition” from COVID-19, when 3,000 would have been more accurate, is far more than just an embarrassment to the justice. How could such an ill-informed person be a justice of our highest court? What else…
This week, the Supreme Court heard its first major abortion case since Justices Neil Gorsuch and Brett Kavanaugh joined the court. The case, June Medical Services v. Russo, involves a Louisiana law that requires doctors who perform abortions to have admitting privileges at a nearby hospital. Admitting privileges enable doctors to accompany their patients to…
Supreme Court Justice Sonia Sotomayor related one of her first exchanges with Justice Brett Kavanaugh following his bitter confirmation during a wide-ranging interview Saturday with CNN. In welcoming Kavanaugh, Sotomayor recounted a story about Justice Clarence Thomas’ arrival at the Supreme Court in 1991. “It was Justice Thomas who tells me that when he first came to…
In 2009, current Senate Minority Leader Chuck Schumer told Supreme Court nominee Sonia Sotomayor that “your record on the bench” was “the best way to get a sense of what your record will be on the bench in the future.” That commonsense principle was right then, and it remains right today as the Senate Judiciary…