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

Supreme Court Saves Our Privacy? Media Sleeps

By . Cato.org. April 24, 2013.

Should Federal Funding Come with Political Stipulation?

By Ilya Shapiro. The Blaze. April 23, 2013.

The Constitutional Flaws of the Indian Child Welfare Act

By Walter Olson. Reason.com. April 22, 2013.

Cato Studies

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

Bond v. United States

By Nicholas Quinn Rosenkranz, Ilya Shapiro and Trevor Burrus. Legal Briefs. May 15, 2013.

McCutcheon v. FEC

By Ilya Shapiro, Trevor Burrus and Sophie Cole. Legal Briefs. May 13, 2013.

Brandt v. United States

By Ilya Shapiro. Legal Briefs. April 24, 2013.

Reviews & Journals

Campaign Finance after Citizens United

Policy Report. March/April 2013.

2011-2012

Ilya Shapiro. Supreme Court Review. Fall 2012.

2010-2011

Ilya Shapiro. Supreme Court Review. Fall 2011.

Events

Can a Treaty Increase the Power of Congress?

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

Constitutional Money: A Review of the Supreme Court’s Monetary Decisions

Featuring Steve H. Hanke, James A. Dorn, Richard H. Timberlake Jr. & George Selgin. April 24, 2013. Book Forum.

After the Arguments: What’s Next for Marriage Equality?

Featuring Ilya Shapiro and Walter Olson. April 12, 2013. Capitol Hill Briefing.