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

‘Citizens United’ Misunderstood

By Ilya Shapiro. USA Today. January 20, 2015.

Did Supreme Court Telegraph Its Ultimate Ruling on Gay Marriage?

By Ilya Shapiro. Forbes.com. January 17, 2015.

Seven Myths about King v. Burwell

By Michael F. Cannon. Scotusblog.com. November 10, 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

The Halbig Cases: Desperately Seeking Ambiguity in Clear Statutory Text

Jonathan H. Adler and Michael F. Cannon. Journal of Health Politics., Policy and Law. Vol. 40. No. 3. 2015.

Truthiness and the First Amendment

Ilya Shapiro, Trevor Burrus, and Gabriel Latner. Journal of Constitutional Law Heightened Scrutiny. Vol. 16. May 2014.

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.

Public Filings

King v. Burwell

By Michael F. Cannon and Jonathan H. Adler. Legal Briefs. December 30, 2014.

King v. Burwell

By Ilya Shapiro, Josh Blackman, Trevor Burrus, & Gabriel Latner. Legal Briefs. December 29, 2014.

Kagan v. City of New Orleans

By Ilya Shapiro, Eugene Volokh, and Gabriel Latner. Legal Briefs. December 22, 2014.

Cato Reviews & Journals

Originalism v. Minimalism

Policy Report. November/December 2014.

The Supreme Court’s Libertarian Moment

Policy Report. September/October 2014.

Looking Ahead: October Term 2014

Miguel A. Estrada and Ashley S. Boizelle. Supreme Court Review. 2013-2014.

Events

Overruled: The Long War for Control of the U.S. Supreme Court

Featuring Roger Pilon and Walter Olson. November 3, 2014. Book Forum.

Pruitt, Halbig, King & Indiana: Is ObamaCare Once Again Headed to the Supreme Court?

Featuring Michael F. Cannon and Jonathan H. Adler. October 30, 2014. Conference.

Originalism and the Good Constitution

Featuring Michael B. Rappaport, Roger Pilon, and Trevor Burrus. September 29, 2014. Book Forum.