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

Even Sex Offenders Have First Amendment Rights

By Ilya Shapiro. Washington Examiner. June 19, 2017.

America Needs Closure on the Travel Ban

By Josh Blackman. The New York Times. June 11, 2017.

President Trump’s Lower-Court Nominees Are as Good as His SCOTUS Pick

By Ilya Shapiro. The Federalist. June 9, 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.

Articles

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

Marilley v. Bonham

By Stephen S. Schwart, Ilya Shapiro, and David McDonald. Legal Briefs. June 22, 2017.

Karsjens v. Piper

By Ilya Shapiro, Bidish Sharma, David McDonald, & Manuel S. Klausner. Legal Briefs. June 22, 2017.

Batato v. United States

By Darpana Sheth, Joshua House, Ilya Shapiro, & Trevor Burrus. Legal Briefs. May 8, 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.

Introduction

Ilya Shapiro. Supreme Court Review. 2015-2016.

Events

16th Annual Constitution Day

Featuring Roger Pilon, Ilya Shapiro, Clay Calvert, Mark Chenoweth, Robert Corn-Revere, Trevor Burrus, David Goldberg, David G. Post, Thaya Brook Knight, Walter Olson, Richard W. Garnett, Christopher Landau, Neal Katyal, Nina Totenberg, & Philip Hamburger. September 18, 2017. Conference.

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.

Speeches