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WASHINGTON — The Cato Institute releases today the latest edition of the Cato Supreme Court Review, an annual journal critiquing the Supreme Court’s most important cases. Now in its fifth edition, the Review is the first law journal to appear after the term’s end and the only one to critique the Court from a Madisonian perspective—favoring federalism, limited government, and individual liberty.

In his annual foreword to the Review, Cato’s vice president for legal affairs, Roger Pilon, dissects the Court’s approach to campaign finance regulation and national security—areas where, he argues, a politicized Court has allowed “ ‘law’ contrary to the Constitution … to trump—in fact, to replace” the give and take of democratic politics.

Articles in this year’s issue include:

  • A look at what the next term may reveal about Chief Justice John Roberts and Justice Samuel Alito by former Thomas clerk and law professor Peter B. Rutledge. 
  • An exchange on the landmark decision of Hamdan v. Rumsfeld between Professor John Yoo, one of the chief architects of the Bush administration’s legal strategy in its war on terror, and Professor Martin Flaherty, a prominent human rights lawyer and one of the leading critics of the administration’s strategy. 
  • A reflection on Hudson v. Michigan, the case Akhil Amar says may reshape the exclusionary rule, by law professor David A. Moran, who argued the case before the Supreme Court. 
  • Law professor Dale Carpenter analyzing why the Supreme Court was unanimously wrong about the constitutionality of the controversial Solomon amendment in Rumsfeld v. Forum for Academic and Institutional Rights.

Other authors include law professors Douglas Berman on capital punishment, Brannon Denning on the constitutionality of state tax credits, Nadine Strossen and Richard Garnett on the separation of church and state, Allison Hayward on campaign finance, Ilya Somin on the future of federalism, and Joshua Wright on the antitrust implications of price discrimination.

All five editions of the Cato Supreme Court Review are available on Cato’s website at www​.cato​.org/​s​u​p​r​e​m​e​c​o​u​r​t​r​eview and to subscribers of Westlaw’s and Lexis’s online legal databases.

About the Editor: Mark Moller is senior fellow in constitutional studies at the Cato Institute. Prior to joining Cato, he practiced law with the appellate practice group at the law firm of Gibson, Dunn & Crutcher LLP. Moller frequently discusses the Supreme Court on radio and television.

Cato Supreme Court Review, 2005–2006
Edited by Mark Moller
Published annually by the Cato Institute in September
Retail price: $15.00 paperback, 400 pages
ISBN: 1–930865-58–9