Ilya Shapiro
Ilya Shapiro
Ilya Shapiro
Ilya Shapiro is a senior contributor to The Federalist. He is a senior fellow in Constitutional Studies at the Cato Institute and Editor-in-Chief of the Cato Supreme Court Review. Follow him on Twitter, @ishapiro.
Both Trump And John Roberts Are Wrong About Politicized Judges

In the feud between President Trump and Supreme Court Chief Justice John Roberts, both are wrong. Judges aren’t partisan hacks, but they do have different approaches to jurisprudence.

Republicans Treated Merrick Garland Way Better Than Democrats Treated Brett Kavanaugh

Brett Kavanaugh takes his seat amid debates about the Supreme Court’s ‘legitimacy,’ with substantial portions of the population thinking he’s a rapist.

Here’s The Libertarian Case For Brett Kavanaugh’s Supreme Court Nomination

Libertarians aren’t going to agree with Kavanaugh on everything—we don’t agree on everything ourselves!—but he’s a big step forward for constitutional liberty.

Virginia Considers Making Parents Train For 30 Hours To Help At Their Kids’ Preschool

My wife simply can’t take nearly a week off work to complete the mandatory training Virginia social services is contemplating for parents who want to help at their kids’ preschool.

Trump Went With A Safe, Strong Choice For SCOTUS. But What A Ride It Was

Despite the brouhaha and suspenseful plot twists, the president went with what can in this context be called the conventional conservative choice.

Kavanaugh Is A Strong Pick For The Supreme Court

There is literally nothing in his record that justifies the smears and demagoguery he’s about to face.

The Masterpiece Cakeshop Dodge Sets Up An Epic Fight For The Next Supreme Court Vacancy

The food fight over Masterpiece Cakeshop shows how pivotal the next Supreme Court vacancy will be.

What This Term’s SCOTUS Decisions Reveal About Neil Gorsuch

On the cases with less political valence the justices can ‘nerd out’ on legal theories and reveal their jurisprudential minds when they know their decisions won’t make the front pages.

Law Students Protest Free Speech Talk With Shouts Of ‘F-ck The Law’

A protestor’s sign put it, ‘Rule of law = white supremacy, violence against [people of color], violence against immigrants.’ These were law students protesting the rule of law.

A Short Strange Trip To The South By Southwest Festival

Luckily, the festival delivered again, with a disorienting mix of trendy tech panels and sweaty queues to nowhere.

Stop Trying To Make The Olympics About Anything Besides Sports

Everyone always tries to draw larger geopolitical conclusions from the Olympics, but it’s really just about the sports.

Supreme Court To Decide Whether You Own Your Own Data

The justices shouldn’t extend law enforcement’s reach beyond our borders. More importantly, Congress needs to update a 30-year-old law for the digital age.

Why It’s Impossible To Keep Judge Nominations Non-Political

We have divergent interpretive theories that map onto ideologically sorted parties, so is it any surprise that elections are high-stakes for judges?

Supreme Court’s Sports Betting Case Could Redefine Relationship Between Feds And States

The case involves sports betting in New Jersey, of all things, and it could have ramifications for the regulation of everything from marijuana and guns to immigration and health care.

It’s Time For GOP Leadership To Stop Letting Democrats Stall Judicial Nominations

Every four-year term, a president appoints around a fifth of the judiciary. They continue shaping our world long after the president who appointed them has left the White House.

Why Are NCAA Recruiting Violations A Crime—Let Alone A Federal One?

Even if a savvy prosecutor can fit this reign of terror into a proper criminal indictment, why would he? Besides, doesn’t the FBI have better things to do with its time?

Supreme Court Refuses To Let Government Determine What Trademarks Are ‘Offensive’

In a unanimous ruling Tuesday that splintered on its reasoning, the high court correctly held that the “disparagement clause” of federal trademark law violated the Constitution.

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

This week, in an echo of the 21 contenders for the Supreme Court rolled out during the campaign, 11 would-be black-robers join last month’s stellar list of 10 lower-court nominees.

The Sanctuary Cities Ruling Is Much Ado About Nothing

This seems to be all just one more episode of Trumpian signaling or, as the court narrated, using a ‘bully pulpit to highlight a changed approach to immigration enforcement’ in the future.

The Left Brought On The Nuclear Option By Making Judges Political

Eliminating the filibuster for Supreme Court nominees was the natural culmination of a tit-for-tat escalation by both parties. The brinksmanship is all symptomatic of a much larger problem.