The most sacred of the duties of a government [is] to do equal and impartial justice to all its citizens.

—Thomas Jefferson

Upholding the Rule of Law

The Constitution established an independent judiciary to uphold the rule of law and apply it equally to all people. Today, extreme partisanship and executive overreach threaten to undermine the coequal judicial system.

Cato fights to preserve the separation of powers and the checks and balances that are essential to our constitutional order. Our scholars file amicus briefs in strategic cases—90 total briefs in 2025—with an emphasis on defending free speech, preserving economic liberties, and restoring the original balance of power that the Constitution’s Framers designed.

Stephen Richer, the former recorder for Maricopa County, Arizona, joined Cato in 2025 as an adjunct scholar and delivered this year’s B. Kenneth Simon Lecture at Cato’s 24th annual Constitution Day Conference.

Thomas A. Berry, director of the Robert A. Levy Center for Constitutional Studies, co-wrote Cato’s amicus brief for Trump v. Slaughter, defending the president’s firing of Rebecca Slaughter at the Federal Trade Commission and working to restore political accountability to the administrative state.

Ilya Somin, in addition to representing the five small businesses challenging the President’s Liberation Day tariffs at the Supreme Court, co-wrote briefs for Cato in two important property rights cases and in cases challenging the government’s more extreme immigration policies, including its claimed authority to suspend the writ of habeas corpus for any group of immigrants, including legal residents.

Cato HQ background
Annual Report - Rep. McCormick at Cato Event

Cato hosted a discussion with Rep. Rich McCormick (R‑GA) on AI policy; the conversation focused on state proposals to regulate AI and the issues this could create.

Stephen Richer—now an adjunct scholar at Cato and the senior practice fellow in American Democracy at Ash Center for Democratic Governance and Innovation, Harvard Kennedy School—delivered 2025’s B. Kenneth Simon lecture at Cato’s Constitution Day Conference.

Stephen Richer—now an adjunct scholar at Cato and the Senior Practice Fellow in American Democracy at Ash Center for Democratic Governance and Innovation, Harvard Kennedy School—delivered 2025’s B. Kenneth Simon lecture at Cato’s Constitution Day Conference. Each year, Cato celebrates the Constitution’s anniversary by releasing a new issue of the Cato Supreme Court Review and hosting a day-long event with noted scholars who discuss the recently concluded Supreme Court terms and the important upcoming cases.

Battling Overcriminalization

Cato’s efforts last year resulted directly in presidential pardons overturning a grave injustice. Two Florida dive guides, John Moore and Tanner Mansell, stumbled upon a fishing line upon which several sharks were hooked. Believing it to be illegal poaching, they released the sharks. The line, in fact, was part of a government project, and the government brought felony charges against them.

At trial, the jury was given instructions that were erroneous and incomplete, denying it full context. After agonizing deliberation that lasted longer than the trial itself, the jury reluctantly returned a guilty verdict.

Our system was carefully designed to avoid injustices like the ones inflicted upon Moore and Mansell. But the system we have today bears scant resemblance to the one so carefully constructed by the Framers in the Bill of Rights.

Senior Vice President for Legal Studies Clark Neily and Legal Fellow Mike Fox drew attention to the injustice Moore and Mansell faced through a Cato amicus brief, media coverage, testimony to Congress, and a cover article in Cato’s Free Society magazine.

In June 2025, Trump pardoned both men. Moore and Mansell publicly credited and thanked Cato for bringing national attention to their case and for helping them to secure a pardon.

Cato is using this momentum to push for lasting reforms that will protect more citizens from wrongful conviction. Our scholars strive to prevent people like Mansell and Moore from being prosecuted simply for doing what they believe is the right thing.

Free Society - SCUBA/Shark Photo
Tanner Mansell Cropped
John Moore jr. Cropped

The US Department of Justice pursued felony charges against two boat operators, Tanner Mansell (above) and John Moore (below), for theft of property within the “special maritime jurisdiction” of the United States.

Florida Shark Fishermen Event (Free Society)

Cato’s Project on Criminal Justice took Moore and Mansell’s case to the highest levels of government, resulting in presidential pardons for each of them. At a January 2026 event (left to right), Tanner Mansell’s mother, Jodi Mansell, with Tanner Mansell and John Moore, delivered their firsthand accounts to Legal Fellow Mike Fox. They discussed what went wrong, explored how Cato got involved, and considered solutions to the pathology of unjust prosecutions and convictions.