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

Expect Kavanaugh Hearing to Be Inconclusive, Circus-Like

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

Brett Kavanaugh’s Legal Logic Falls on Deaf Democratic Ears

By Reilly Stephens. DC Examiner. September 13, 2018.

Kavanaugh and the Left’s View of Judges

By Doug Bandow. American Spectator (Online). September 11, 2018.

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.

Articles

The Role of the Judiciary

Cato's Letter. Clint Bolick. Vol. 16. No. 2. Spring 2018.

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

Jonathan Wood and Ilya Shapiro. The Federalist Society Review. Vol. 18. November 10, 2017.

Public Filings

Michels v. Lyons

By Joseph S. Diedrich and Ilya Shapiro. Legal Briefs. September 17, 2018.

Gamble v. United States

By Brianne Gorod, Ilya Shapiro, and Jay Schweikert. Legal Briefs. September 11, 2018.

LMP Services v. City of Chicago

By Matthew A. Clemente, Gordon D. Todd, David A. Miller, Mackenzi Siebert, & Ilya Shapiro. Legal Briefs. August 20, 2018.

Cato Reviews & Journals

Contributors

Supreme Court Review. 2017-2018.

Looking Ahead: October Term 2018

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

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

Jennifer Mascott. Supreme Court Review. 2017-2018.

Events

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.

Speeches