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

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

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.

Not Necessarily Proper: Comstock’s Errors and Limitations

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

Public Filings

King v. Burwell

By Bert Rein, William S. Consovoy, Michael Connolly & Ilya Shapiro. Legal Briefs. September 3, 2014.

Elonis v. United States

By Stephen R. Shapiro, Brian M. Hauss, Lee Rowland, Jack M. Balkin, Emma Llanso & Ilya Shapiro. Legal Briefs. August 22, 2014.

Cannon v. United States

By Ilya Shapiro, Trevor Burrus and Julio Colomba. Legal Briefs. August 21, 2014.

Cato Reviews & Journals

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.

Evolving Technology and the Fourth Amendment: The Implications of Riley v. California

Andrew Pincus. Supreme Court Review. 2013-2014.

Events

Originalism and the Good Constitution

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

You’re Gonna Need a Warrant for That: The Path to Digital Privacy Reform

Featuring Julian Sanchez. July 8, 2014. Policy Forum.

McCutcheon v. FEC: Two Books on the Supreme Court’s Latest Campaign Finance Case

Featuring Ilya Shapiro. June 18, 2014. Book Forum.