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.


Harris v. Quinn and the Extraordinary Privilege of Compulsory Unionization

Trevor Burrus. New York University Annual Survey of American Law. 2015.

From Status to Contract to Status: Burwell v. Hobby Lobby and the Primitivism of Politics

Trevor Burrus. New York University Journal of Law and Liberty. Vol. 9. No. 1. 2015.

La Corte è Davvero Suprema

Ilya Shapiro and Gabriel Latner. LIMES. April 2015.

Public Filings

Arlene’s Flowers v. Washington

By Ilya Shapiro, Trevor Burrus, Jayme Weber, & Jeffrey Paul Helsdon. Legal Briefs. February 4, 2016.

Frank v. Poertner

By Ilya Shapiro and Jeremy Kidd. Legal Briefs. January 14, 2016.

Zubik v. Burwell

By Ilya Shapiro, Josh Blackman, Jayme Weber, Erin Morrow Hawley, & Joshua D. Hawley. Legal Briefs. January 11, 2016.

Cato Reviews & Journals

A Tumultuous Term at the Supreme Court

Policy Report. November/December 2015.

Freedom of Competition and the Rhetoric of Federalism: North Carolina Board of Dental Examiners v. FTC

Timothy Sandefur. Supreme Court Review. 2014-2015.


Ilya Shapiro. Supreme Court Review. Fall 2015.


Will Obamacare Trump Religious Organizations? A Preview of Zubik v. Burwell on the Eve of Oral Argument

Featuring Josh Blackman and Ilya Shapiro. March 18, 2016. Policy Forum.

Cornerstone of Liberty: Property Rights in 21st-Century America

Featuring Timothy Sandefur, Christina Sandefur, Roger Pilon, & Trevor Burrus. February 9, 2016. Book Forum.

The Past and Future of Buckley v. Valeo

Featuring Jeffrey Milyo, John Samples, David Savage, David Keating, & Floyd Abrams. January 26, 2016. Conference.