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2023-2024 Cato Sup. Ct. Rev. vii (2023-2024)

handle is hein.journals/catoscrev23 and id is 1 raw text is: FOREWORD

An Optimist's Appreciation of the
Term's Highlights
Thomas A. Berry*
The Cato Institute's Robert A. Levy Center for Constitutional
Studies is pleased to publish this 23rd volume of the Cato Supreme
Court Review, an annual critique of the Court's most important de-
cisions 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 de-
cisions that were cause for celebration and some that were cause for
concern. But I'm an optimist at heart. So for this Foreword, I'd like to
highlight three cases from this Term that I believe classical liberals
should be excited about. Taken together, they represent important
victories for the separation of powers, individual rights, and free-
dom of speech.
Loper Bright Enterprises v. Raimondo
Herring fishing is hard work on a crowded boat, but the federal
government wanted to make it even harder. Every inch of space on
a small fishing boat is valuable room for supplies, fishers, and the
catch. Space becomes even tighter when the government forces fish-
ers to carry a monitor to track compliance with federal regulations.
And profits become even narrower when the fishers are forced to
themselves pay that monitor's salary.
* Legal fellow, Robert A. Levy Center for Constitutional Studies, Cato Institute, and
editor in chief, Cato Supreme Court Review.

vii

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