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

Why Mitch McConnell Should Eliminate the Judicial Filibuster

By Ilya Shapiro. The Federalist. November 29, 2016.

Justice Kennedy: the Once and Future Swing Vote

By Ilya Shapiro. Medium. November 13, 2016.

Trump’s Victory Expands the Supreme Court — and Shrinks Its Docket

By Josh Blackman. National Review (Online). November 10, 2016.

Cato Studies

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.

The Case against President Obama’s Health Care Reform: A Primer for Nonlawyers

By Robert A. Levy. White Paper. April 25, 2011.

Articles

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.

Harris v. Quinn and the Extraordinary Privilege of Compulsory Unionization

Trevor Burrus. New York University Annual Survey of American Law. 2015.

Public Filings

Murray Energy Corp. v. EPA

By Mark DeLaquil, Andrew M. Grossman, Joseph T. Nawrocki, & Ilya Shapiro. Legal Briefs. November 25, 2016.

Expressions Hair Design v. Schneiderman

By Ilya Shapiro, Trevor Burrus, and Frank Garrison. Legal Briefs. November 21, 2016.

Nelson v. Colorado

By David G. Post, Darpana Sheth, Robert E. Johnson, Ilya Shapiro, & Trevor Burrus. Legal Briefs. November 18, 2016.

Cato Reviews & Journals

State Constitutions: Freedom’s Frontier

Policy Report. November/December 2016.

Introduction

Ilya Shapiro. Supreme Court Review. 2015-2016.

Justice Scalia’s Originalism: Original or Post-New Deal?

Roger Pilon. Supreme Court Review. 2015-2016.

Events

Cato in the Courts: Wall Street Edition

Featuring Ilya Shapiro and Thaya Brook Knight. December 9, 2016. Capitol Hill Briefing.

Will Obamacare Trump Religious Organizations? A Preview of Zubik v. Burwell on the Eve of Oral Argument

Featuring Josh Blackman and Ilya Shapiro. March 18, 2016. Policy Forum.

Cornerstone of Liberty: Property Rights in 21st-Century America

Featuring Timothy Sandefur, Christina Sandefur, Roger Pilon, & Trevor Burrus. February 9, 2016. Book Forum.

Speeches