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

Next Steps for Marriage Equality

By Trevor Burrus. Huffington Post. June 28, 2013.

Supreme Court Recognizes Jim Crow’s Demise, Restores Constitutional Order

By Ilya Shapiro. Scotusblog.com. June 26, 2013.

Jim Crow Is Dead. Long Live the Constitution

By Ilya Shapiro. Bloomberg.com. June 25, 2013.

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

Schuette v. Coalition to Defend Affirmative Action

By Ilya Shapiro. Legal Briefs. July 1, 2013.

Kaley v. United States

By Ilya Shapiro, Trevor Burrus and Evan Bernick. Legal Briefs. July 1, 2013.

Bond v. United States

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