About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



2024-2025 Cato Sup. Ct. Rev. vii (2024-2025)

handle is hein.journals/catoscrev24 and id is 1 raw text is: 














FOREWORD


The   Government Still Knows How to
Win at the Supreme Court

                      Thomas  A. Berry*


  The  Cato Institute's Robert A. Levy Center for Constitutional
Studies is pleased to publish this 24th volume of the Cato Supreme
Court Review, an annual critique of the Court's most important deci-
sions from the Term just ended plus a look at the Term ahead. We
are the first such journal to be released, and the only one that ap-
proaches its task from a classical liberal, Madisonian perspective.
We  release this volume each year at Cato's annual Constitution Day
symposium.
  Like every Supreme  Court Term, this past Term featured some
decisions that advanced liberty and limited government and some
that were setbacks from a libertarian perspective. It would have been
hard for the Court to match the number of momentous decisions from
last year. If anything, this Term showed that even with a Supreme
Court majority that is more skeptical of government power in some
respects, the government still has many advantages. In last year's
Foreword  I highlighted three cases from the Term that I believed
classical liberals should be excited about. To counterbalance that
optimism, the story of this Term was, in my opinion, several cases
where the Court was all too quick to accept the government's justifi-
cations for its exercise of power. My thoughts on one of those cases,
Kennedy v. Braidwood Management, can be found in another article
in this Volume. Below are my takes on three other decisions that
I found disappointing from this Term, all three of which ruled in
favor of a state or federal government.


  * Director, Robert A. Levy Center for Constitutional Studies, Cato Institute, and
editor in chief, Cato Supreme Court Review.


vii