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.
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.

What To Ask Neil Gorsuch At His Confirmation Hearing

Only by holding nominees’ feet to the substantive constitutional fire can we make confirmation hearings great again.

Sex And Skin Color Doesn’t Mean Trump’s Potential Supreme Court Picks Lack Diversity

If you look at characteristics other than skin tone and Y-chromosome, you could hardly get a more varied set of candidates to fill the vacant Supreme Court seat.

Top 10 Ways Obama Violated The Constitution During His Presidency

The Obama administration has been the most lawless in U.S. history. Here are just a few examples to prove it.

These 18 Celebrities Who Promised To Move If Trump Was Elected Can Get On That Now

Like clockwork, every four years we learn that this-or-that comedian or starlet will move elsewhere if the Republican candidate wins. Please. Go.

Why Mitch McConnell Should Eliminate The Judicial Filibuster

Filibustering nominations has long been considered illegitimate. Senate Majority Leader Mitch McConnell should move now, before Trump’s inauguration.

7 Things The Trump Win Means For The Supreme Court

Here are some of the lessons we must take into the political fight for the Supreme Court.

The Senate Should Refuse To Confirm All Of Hillary Clinton’s Judicial Nominees

As a matter of constitutional law, the Senate is fully within its powers to let the Supreme Court literally die out.

How Gary Johnson Should Talk To Voters

Here’s the speech Libertarian candidate for president Gary Johnson should give to voters eagerly looking for a plausible alternative.

Today’s Olympics: Are You Not Entertained?

Counter the conventional narrative, the symbiotic relationship between sports and society has reverted to its original, proper status under the ancient Greeks: A rollicking good time.

Obama Has Lost In The Supreme Court More Than Any Modern President

The Obama administration has lost most of its lawsuits that wound up in the U.S. Supreme Court. That’s far short of the modern presidential record.

How This Election Turned Me Into A Libertarian

Even though I’ve previously been pragmatic about allying with politicians I disagree with, both major parties’ candidates are so bad I’m voting Libertarian with a clean conscience.

How John Roberts Begat Donald Trump

If I have to point to a moment that spawned the current annus horribilis, it would have to be John Roberts’s vindication of Obamacare on June 28, 2012.

There Are Better Reasons To Vote Against Trump Than Judge Picks

Donald Trump may not know originalism from origami, but at least he listened to the right adviser on potential judicial appointments.

Will The Real Government Crony Please Stand Up?

A North Carolina court case involving pushy dentists showcases how bad laws let some people employ government power to block entrepreneurs.

Hobby Lobby: Government Can’t Violate Religious Liberties Willy-Nilly

The Hobby Lobby decision has nothing to do with big business, freedom to use contraceptives, or preferencing religious liberty above everything else.

Justice Stevens Is Right: Good Or Bad, Death Penalty Is Constitutional

Too many commentators conflate that with which they agree with that which the constitution requires.