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


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By Ilya Shapiro. USA Today. September 18, 2018.

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Cato Studies

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

Hate Speech Laws: Ratifying the Assassin’s Veto

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

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Justice Scalia on Federalism and the Separation of Powers

Roger Pilon. Regent University Law Review. Vol. 30. No. 1. 2017.

Christie v. NCAA: Anti-Commandeering or Bust

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Public Filings

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Gamble v. United States

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Cato Reviews & Journals


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Erin E. Murphy. Supreme Court Review. 2017-2018.

“Officers” in the Supreme Court: Lucia v. SEC

Jennifer Mascott. Supreme Court Review. 2017-2018.


18th Annual Constitution Day

Featuring . September 17, 2019. Conference.

17th Annual Constitution Day

Featuring Roger Pilon, Ilya Shapiro, David Forte, Thomas C. Berg, Robert McNamara, Trevor Burrus, Mark Brnovich, Joseph Bishop-Henchman, Jennifer Mascott, Clark Neily, Josh Blackman, Walter Olson, & George F. Will. September 17, 2018. Conference.

Plea Bargaining: Good Policy or Good Riddance?

Featuring Hon. Joseph R. Goodwin, Scott Greenfield, Suja A. Thomas, & Clark Neily. July 19, 2018. Policy Forum.