Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. Before joining Cato, he was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Shapiro is the co-author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Los...
Overview
The fight for the Supreme Court during the presidential campaign has crystalized the importance of judges' both having the right constitutional theories and being willing to enforce them. Too much "restraint" - like Chief Justice Roberts in the Obamacare cases - has led to the unchecked growth of government, toxic judicial confirmation battles, and even our current populist moment.