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2022-2023 Cato Sup. Ct. Rev. ix (2022-2023)

handle is hein.journals/catoscrev22 and id is 1 raw text is: 











FOREWORD


The Court Is All Right.

                       Anastasia   P. Boden*


  It's often said that big Supreme Court terms are followed by quiet
ones. Not this year. Big government  led to big overreach, which led
to big cases and yet another year of big decisions. Because the Court
can't please everyone, that inevitably led to big criticism. As a result,
the Court  is now  mired  in accusations of overreach, activism,
and  partisanship.
  Dissent  is to be expected,  indeed  welcomed   in this country-
particularly when   it comes to judicial decisions. Our  adversarial
court system and  the American  tradition of free debate is built on the
notion that strong argumentation   on both sides leads to the discov-
ery of truth. But lately, popular dissent has shifted from the Court
is wrong to the Court is-in  the words of President Joe Biden-not
normal.' Those  who  can't win  at the Supreme  Court  are trying to
discredit it.
  Does  a look at the past Term  bear these accusations out? Not  re-
ally. Yes, there were a few big decisions, but the polarized state of
our  nation means   that all nuance  about  how  the Court  actually
operates has  been  lost. There were far more  narrow   rulings than

  * I'm thrilled to be writing my first Foreword as Director of the Robert A. Levy
Center for Constitutional Studies. If you would've told me a decade ago, as I pored
over italicized commas and dangling gerunds as a Cato intern, that in 12 short years
I'd be writing the opening piece of this journal, I'd have fallen over in libertarian-
constitutional-nerd glee. This is the Center's 22nd volume of the Cato Supreme Court
Review, an annual critique of the Court's most important decisions and a peek at the
coming term. It is the first journal of its kind to be released and the only to take a clas-
sical liberal, Madisonian perspective, grounded in the principles of liberty through
constitutionally limited government. We release it every year in celebration of Consti-
tution Day September 17.
  I Kelly Garrity, 'This is Not a Normal Court': Biden Blasts Affirmative Action Ruling,
POLITICO (June 29, 2023), https:/ /tinyurl.com/3kk3yhys.


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