Ilya Shapiro
Ilya Shapiro
Ilya Shapiro

Ilya Shapiro is a senior contributor to The Federalist. He is director of the
Robert A. Levy Center for Constitutional Studies at the Cato Institute. Follow him on Twitter, @ishapiro.

Democrats Are Fighting Trump’s Judges Like Never Before, But Trump’s Still Winning

Trump’s judges have received nearly half of all no votes in U.S. history, an average of about 22 per judge (and about 36 per circuit judge) — as compared to just over 6 per judge under Obama.

Supreme Court’s Illegal Immigration Ruling Applies Different Legal Standards To Different Presidents

And it allows presidents to legislate, a recipe for everexpanding federal and executive power.

China-Style Internet Control Is One Of The Worst Ideas For Solving Coronavirus

Including the line ‘China was largely right and the United States was largely wrong’ discredits any piece of writing that discusses civil liberties and the rule of law.

The Government Has A Lot More Emergency Powers Than Libertarians Like, But It Still Can’t Control Everything

Just because significant restrictions on our day-to-day lives are warranted doesn’t mean it’s a free-for-all for government coercion.

It’s Time For Trump To Update His Supreme Court Short List

It would be both smart politics and good governance to update the list of SCOTUS contenders. When a vacancy emerges, whether before or after the election, who will be considered?

Canada’s ‘Free’ Parental Leave Is One Reason I Don’t Live There

Democrats and Republicans may shame the United States for not featuring yet another welfare state program, but they ignore that Canada’s taxes to fund subsidies to parents of newborns cost working families dearly.

With Administrative Law Rollback, Supreme Court Begins To Drain The Swamp

Executive agencies are on notice that it’s no longer ‘anything goes’ when they rewrite their own rules, that judges will hold their feet to the statutory fire.

The Supreme Court’s Reasoning In The Bladensburg Cross Case Is A Mess

The court reached the correct result, but the mish-mash of opinions leaves Establishment Clause jurisprudence in the muddled state it’s been for decades.

Star Lawyering Protected President Trump From Firing Robert Mueller

By preventing President Trump from firing Robert Mueller, Don McGahn prevented a political crisis that would’ve made the Russia-collusion narrative seem like a jaywalking allegation.

The Case For Allowing Interstate Trade Among Marijuana-Legal States

It’s important that lawmakers get national cannabis policy right, which means respecting each state’s prerogative to handle its own policy and allowing interstate marijuana trade.

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.