The Court may be the non-political branch, but its members are cognizant, of course, of their having neither sword nor purse but merely judgment, as Alexander Hamilton put it in Federalist 78. Yet judgment has a force all its own, to influence and change the climate of ideas, which in time constrains the political forces that brought us Leviathan, forces that in turn and in the end must free us from those shackles. In short, the Court cannot roll back Leviathan on its own, but it can put a brake on it and, by controlling its docket, chip away at its substance, all the while laying the intellectual and legal foundations for a revival of liberty through limited constitutional government. We at Cato encourage movement along those lines.

More on Supreme Court

Commentary

The Constitutional March Down the Aislel

By Elizabeth Wydra and Ilya Shapiro. Tulsa World. April 6, 2014.

The First Amendment’s Protection of Political Speech Extends to Both Donations and Spending

By Ilya Shapiro. Scotusblog.com. April 3, 2014.

No, the Sky Isn’t Falling: A Level-headed Guide to McCutcheon v. FEC

By Trevor Burrus. Daily Caller. April 2, 2014.

Cato Studies

Move to Defend: The Case against the Constitutional Amendments Seeking to Overturn Citizens United

By John Samples. Policy Analysis No. 724. April 23, 2013.

The Case against President Obama’s Health Care Reform: A Primer for Nonlawyers

By Robert A. Levy. White Paper. April 25, 2011.

Supreme Court Ruling Could Save Vonage

By Timothy B. Lee. TechKnowledge No. 101. May 1, 2007.

Articles

Like Eastwood Talking to a Chair: The Good, the Bad, and the Ugly of the Obamacare Ruling

Ilya Shapiro. Texas Review of Law & Politics. Vol. 17. No. 1. 2013.

Not Necessarily Proper: Comstock’s Errors and Limitations

Ilya Shapiro and Trevor Burrus. Syracuse Law Review. Vol. 61. No. 3. 2011.

A Faint-Hearted Libertarian at Best: The Sweet Mystery of Anthony Kennedy

Ilya Shapiro. Harvard Journal of Law and Public Policy. Vol. 33. No. 1. Winter 2011.

Public Filings

United States v. Wurie

By Jim Harper and Ilya Shapiro. Legal Briefs. April 9, 2014.

WFC Holdings Corp. v. United States

By Matthew S. Hellman, Matthew S. McKenzie, R. Trent McCotter & Ilya Shapiro. Legal Briefs. March 31, 2014.

Christie v. NCAA

By Paul J. Beard II, Joshua P. Thompson, Jonathan Wood & Ilya Shapiro. Legal Briefs. March 17, 2014.

Cato Reviews & Journals

Securities Litigation after Amgen

Richard A. Booth. Regulation. Spring 2014.

Looking Ahead: October Term 2013

Howard Bashman. Supreme Court Review. 2012-2013.

Speech, Subsidies, and Traditions: AID v. AOSI and the First Amendment

Charles W. "Rocky" Rhodes. Supreme Court Review. 2012-2013.

Events

Engaging the Courts: Guns, Gays, and Lying Politicians

Featuring Ilya Shapiro and Caleb O. Brown. March 20, 2014. Sponsor E-Briefing.

Unprecedented: The Constitutional Challenge to Obamacare

Featuring Randy E. Barnett and Ilya Shapiro. September 13, 2013. Book Forum.

Can a Treaty Increase the Power of Congress?

Featuring Nicholas Quinn Rosenkranz and Roger Pilon. June 14, 2013. Policy Forum.