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


The Left Brought on the Nuclear Option by Making Judges Political

By Ilya Shapiro. The Federalist. April 10, 2017.

Democrats Have Zero Leverage after Gorsuch

By Ilya Shapiro. April 9, 2017.

Ending of Filibusters for Supreme Court Nominees Is Long Overdue

By Ilya Shapiro. Washington Examiner. April 6, 2017.

Cato Studies

What Kind of a Judge Is Neil Gorsuch?

By Ilya Shapiro and Frank Garrison. Legal Policy Bulletin No. 2. March 22, 2017.

Hate Speech Laws: Ratifying the Assassin’s Veto

By Robert Corn-Revere. Policy Analysis No. 791. May 24, 2016.

Move to Defend: The Case against the Constitutional Amendments Seeking to Overturn Citizens United

By John Samples. Policy Analysis No. 724. April 23, 2013.


Gloucester Country School Board v. G.G.: Judicial Overdeference Is Still a Massive Problem

Ilya Shapiro and David McDonald. Federalist Society Review. Vol. 18. March 23, 2017.

Against Judicial Restraint

Ilya Shapiro. National Affairs. No. 29. Fall 2016.

Evenwel v. Abbott: The Court Shanks Its Punt on “One Person, One Vote”

Ilya Shapiro and Thomas Berry. Federalist Society Review. Vol. 17. No. 2. June 2, 2016.

Public Filings

National Institute of Family & Life Advocates v. Becerra

By Ilya Shapiro, Trevor Burrus, and Thomas Berry. Legal Briefs. April 20, 2017.

616 Croft Ave., LLC v. City of West Hollywood

By Bryan K. Weir, Michael H. Park, Ilya Shapiro, & Manuel S. Klausner. Legal Briefs. April 17, 2017.

Garcia v. Becerra

By Ilya Shapiro, Trevor Burrus, and Thomas Berry. Legal Briefs. April 10, 2017.

Cato Reviews & Journals

Congress, the Courts, and the Constitution

Cato Handbook for Policymakers. Cato Handbook for Policymakers, 8th Edition (2017).

State Constitutions: Freedom’s Frontier

Policy Report. November/December 2016.


Ilya Shapiro. Supreme Court Review. 2015-2016.


The Soul of the First Amendment

Featuring Floyd Abrams, Ronald Collins, Ilya Shapiro, & Roger Pilon. May 1, 2017. Book Forum.

Rethinking Regulatory Takings: A Preview of Murr v. Wisconsin on the Eve of Oral Argument

Featuring Todd Gaziano, Roger Pilon, Ilya Somin, & Ilya Shapiro. March 17, 2017. Policy Forum.

Business and the Roberts Court

Featuring Jonathan H. Adler, Andrew Pincus, and Walter Olson. March 2, 2017. Book Forum.