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

Liberals Discover the Dangers of a Powerful Supreme Court

By Doug Bandow. American Spectator (Online). October 16, 2018.

Republicans Treated Merrick Garland Way Better Than Democrats Treated Brett Kavanaugh

By Ilya Shapiro. The Federalist. October 9, 2018.

Want Less Political Courts? Shift Power Away from Washington

By Ilya Shapiro. Los Angeles Times. October 6, 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 Supreme Court: Too Important

Ilya Shapiro. inFocus Quarterly. Fall 2018.

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.

Public Filings

Kelsay v. Ernst

By Clark Neily and Jay Schweikert. Legal Briefs. November 1, 2018.

Montanans for Community Development v. Mangan

By Allen Dickerson, Zac Morgan, Trevor Burrus, & Ilya Shapiro. Legal Briefs. October 24, 2018.

Prison Legal News v. Secretary, Florida Department of Corrections

By John N. Estes III, Donald P. Salzman, Thomas A. Parnham, Jr., Nila Bala, & Trevor Burrus. Legal Briefs. October 19, 2018.

Cato Reviews & Journals

The Right to Keep and Bear Arms: 10 Years after Heller

Policy Report. September/October 2018.

Contributors

Supreme Court Review. 2017-2018.

Looking Ahead: October Term 2018

Erin E. Murphy. 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