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# Cato Supreme Court Review: 2021–2022 

Now in its 21st year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court’s most recent term, plus cases coming up.

September 2022 • Published By Cato Institute 

By [Trevor Burrus](https://www.cato.org/people/trevor-burrus) 

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In this annual review from the Cato Institute, leading legal scholars analyze the 2021–2022 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its 21st edition, the Review is the first scholarly journal to appear after the term’s end and the only one grounded in the nation’s first principles, liberty, and limited government. Topics in the 2021–2022 edition include: vaccine mandates (*National Federation of Independent Business v. OSHA* and *Biden v. Missouri*), guns (*New York State Rifle Association v. Bruen*), drugs (*Ruan v. United States*), free speech (*Austin v. Reagan National Advertising*), abortion (*Dobbs v. Jackson Women’s Health Organization*), school choice (*Carson v. Makin*), state secrets (*United States v. Zubaydah* and *FBI v. Fazaga*), and much more.

FOREWORD: Can Originalism Work?, by Trevor Burrus

INTRODUCTION, by Thomas A. Berry

ANNUAL B. KENNETH SIMON LECTURE: The Court of Mass Incarceration, by Rachel E. Barkow

CONSTITUTIONAL STRUCTURE 
— *West Virginia v. EPA*: Some Answers about Major Questions, by Jonathan H. Adler 
— A Major Question of Power: The Vaccine Mandate Cases and the Limits of Executive Authority, by Ilya Somin 
— The *Becerra* Cases: How Not to Do *Chevron, by William Yeatman*

CONSTITUTIONAL REMEDIES 
— *Egbert v. Boule*: Federal Officer Suits by Common Law, by Jennifer L. Mascott and R. Trent McCotter

FIRST AMENDMENT 
— The Content-Discrimination Two-Step Post-*Reed* and *Austin*, by Enrique Armijo 
— Using My Religion: *Carson v. Makin* and the Status/​Use (Non)Distinction, by Michael Bindas

NATIONAL SECURITY AND STATE SECRETS 
— The State Secrets Sidestep: *Zubaydah* and *Fazaga* Offer Little Guidance on Core Questions of Accountability, by Elizabeth Goitein

ABORTION 
— Vindicating Cassandra: A Comment on *Dobbs v. Jackson Women’s Health Organization*, by Evan D. Bernick

CRIMINAL LAW 
— *Ruan v. United States*: “Bad Doctors,” Bad Law, and the Promise of Decriminalizing Medical Care, by Kelly Dineen Gillespie

SECOND AMENDMENT 
— Restoring the Right to Bear Arms: *New York State Rifle & Pistol Association v. Bruen*, by David B. Kopel

NEXT YEAR 
— Looking Ahead: October Term 2022, by Ilya Shapiro