In this annual review from the Cato Institute, leading legal scholars analyze the 2023–2024 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its 23rd 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.
Cato Supreme Court Review: 2023–2024
Related Book
The Illustrated Supreme Court Review
In this inaugural edition of the Illustrated Supreme Court Review, Cato Institute constitutional scholars examine ten of the most impactful cases argued in the 2023–2024 Supreme Court term.
In this annual review from the Cato Institute, leading legal scholars analyze the 2023–2024 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its 23rd 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.
FOREWORD: An Optimist’s Appreciation of the Term’s Highlights, by Thomas A. Berry
INTRODUCTION, by Thomas A. Berry
ANNUAL B. KENNETH SIMON LECTURE: Access to Justice and Public Confidence in Courts: Whose Law Is It Anyway? by Bridget Mary McCormack
CONSTITUTIONAL STRUCTURE
— Chevron Deference Is Dead, Long Live Deference, by Jack M. Beermann
- SEC v Jarkesy: The Past, Present, and Future of Administrative Adjudication, by William Yeatman
— “Appropriate” Appropriations Challenges after Community Financial, by Chad Squitieri
— Moore and the Limits of the Taxing Power, by Sean P. McElroy
FIRST AMENDMENT
— “Speech Nirvanas” on the Internet: An Analysis of the U.S. Supreme Court’s Moody v. NetChoice Decision, by Eric Goldman
— The Jawboning Cases End with a Bang Disguised by a Whimper, by Derek E. Bambauer
— Third Time’s the Charm: The Supreme Court’s Clarification of the Retaliatory Arrest Standards in Gonzalez v. Trevino, by Anya Bidwell and Patrick Jaicomo
SECOND AMENDMENT
— In Denial about the Obvious: Upending the Rhetoric of the Modern Second Amendment, by George A. Mocsary
EIGHTH AMENDMENT
— Law, Politics, and the Eighth Amendment, by John F. Stinneford
TAKINGS CLAUSE
— Takings and Implied Causes of Action, by Ann Woolhandler, Julia D. Mahoney, and Michael G. Collins
MOOTNESS DOCTRINE
— Heart of Mootness: FBI v. Fikre, by Clark Neily
THE PRESIDENCY
— Presidential Immunity, by Keith E. Whittington
— A Lost Opportunity to Protect Democracy Against Itself: What the Supreme Court Got Wrong in Trump v. Anderson, by Ilya Somin
NEXT YEAR
— Looking Ahead: October Term 2024, by Jeremy Broggi