Ilya Shapiro

Ilya Shapiro is senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review.

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Donald Trump’s Terrific List of Fabulous Judges

 

We’ve been waiting for months for presumptive Republican presidential nominee Donald Trump to release his list of potential Supreme Court appointees. Yesterday he actually came through on that promise. The would-be justices, in the (alphabetical) order in which they appear in the AP story that broke the news, are: Judge Steve Colloton of the U.S. Court of Appeals […]

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Little Sisters Win as John Roberts Again Balks at Calling Balls and Strikes

 

The Supreme Court issued a short, unanimous opinion in the contraceptive-mandate cases known as Zubik v. Burwell. There’s plenty of punditry out there for you to read so I’ll just offer three thoughts: This was the biggest punt in Supreme Court history. The Court abdicated its duty to say what the law is in favor of […]

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Of Rotten Eggs and Guilty Minds

 

It isn’t every day that a person can go to his or her job, work, not participate in any criminal activity, and still get a prison sentence. At least, that used to be the case: the overcriminalization of regulatory violations has unfortunately led to the circumstance that corporate managers now face criminal—not just civil—liability for […]

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The Government Has to Pay for the Raisins It Confiscates

 

The near-unanimous Supreme Court decided today in favor of the farmers whose raisins the federal government wanted to take as part of a cockamamie New Deal-era regulatory scheme. The Court ruled 8-1 in support of Cato’s position that taking personal property is a compensable action, regardless of whether the government purports to act on the property owner’s behalf, and […]

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Supreme Court Allows Texas to Offend the First Amendment

 

Today a narrow and unusual Supreme Court majority ruled that the DMV – of all government agencies! – is allowed to censor speech it considers to be “offensive.” To wit, the four “liberal” justices and Justice Clarence Thomas somehow found that the specialty license plates Texas drivers can choose to have on their vehicles actually constitute state […]

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Obama Flunks the Constitutional Test

 

As the world awaits the Supreme Court’s rulings on Obamacare and gay marriage, pundits have engaged in a phony war that misses a larger story: the court’s rejection of the government’s extreme claims of unlimited federal power. Indeed, the Obama administration has already lost unanimously 20 times, having passed in its first five years the […]

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Hillary May Be Unconstitutional

 

Hillary Clinton is President-elect Barack Obama’s choice for the nation’s top diplomat. Setting aside the wisdom of such an appointment — putting aside ideology, does she have both foreign policy expertise and a good working relationship with the incoming president? — it appears that there may be genuine constitutional problems with her nomination to be […]

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Valeo’s Revenge

 

As Pennsylvania Democrats went to the polls last month in the last big primary before the party’s nominating convention, the Supreme Court heard yet another challenge to campaign finance regulation. Whether Barack or Hillary finally wins the Democratic nomination, and no matter who wins the White House in November, the outcome of this case will […]

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Neoconservatism and Its Discontents

 

The Neocon Reader Edited by Irwin Stelzer (Grove Press, 328 pages, $15) Margaret Thatcher. Tony Blair. George Will. These are also three people one doesn’t normally think of as neoconservatives. Yet they all appear in Irwin Stelzer’s provocative new compilation, The Neocon Reader, which provides as many views of this benighted stream of political thought […]

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