In this annual review from the Cato Institute, leading legal scholars analyze the 2021–2022 Supreme Court term, specifically the most important and far‐reaching cases of the year, plus cases coming up. Now in its 21st edition, the Review is the first scholarly journal to appear after the term’s end and the only one grounded in the nation’s first principles, liberty, and limited government. Topics in the 2021–2022 edition include: vaccine mandates (National Federation of Independent Business v. OSHA and Biden v. Missouri), guns (New York State Rifle Association v. Bruen), drugs (Ruan v. United States), free speech (Austin v. Reagan National Advertising), abortion (Dobbs v. Jackson Women’s Health Organization), school choice (Carson v. Makin), state secrets (United States v. Zubaydah and FBI v. Fazaga), and much more.
Cato Supreme Court Review, 2021–2022
FOREWORD: Can Originalism Work?, by Trevor Burrus
INTRODUCTION, by Thomas A. Berry
ANNUAL B. KENNETH SIMON LECTURE: The Court of Mass Incarceration, by Rachel E. Barkow
CONSTITUTIONAL STRUCTURE
— West Virginia v. EPA: Some Answers about Major Questions, by Jonathan H. Adler
— A Major Question of Power: The Vaccine Mandate Cases and the Limits of Executive Authority, by Ilya Somin
— The Becerra Cases: How Not to Do Chevron, by William Yeatman
CONSTITUTIONAL REMEDIES
— Egbert v. Boule: Federal Officer Suits by Common Law, by Jennifer L. Mascott and R. Trent McCotter
FIRST AMENDMENT
— The Content‐Discrimination Two‐Step Post‐Reed and Austin, by Enrique Armijo
— Using My Religion: Carson v. Makin and the Status/Use (Non)Distinction, by Michael Bindas
NATIONAL SECURITY AND STATE SECRETS
— The State Secrets Sidestep: Zubaydah and Fazaga Offer Little Guidance on Core Questions of Accountability, by Elizabeth Goitein
ABORTION
— Vindicating Cassandra: A Comment on Dobbs v. Jackson Women’s Health Organization, by Evan D. Bernick
CRIMINAL LAW
— Ruan v. United States: “Bad Doctors,” Bad Law, and the Promise of Decriminalizing Medical Care, by Kelly Dineen Gillespie
SECOND AMENDMENT
— Restoring the Right to Bear Arms: New York State Rifle & Pistol Association v. Bruen, by David B. Kopel
NEXT YEAR
— Looking Ahead: October Term 2022, by Ilya Shapiro