Thomas Berry
@thomasberry.bsky.social
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute. Editor in Chief, Cato Supreme Court Review.
https://www.cato.org/people/thomas-berry
https://www.cato.org/people/thomas-berry
I was in the Supreme Court for today's tariff arguments, and I would rather be the challengers than the government. Justices ranked by likelihood of voting against the tariffs:
1. Sotomayor
2. Jackson
3. Kagan
4. Gorsuch
5. Barrett
6. Kavanaugh
7. Roberts
8. Thomas
9. Alito
1. Sotomayor
2. Jackson
3. Kagan
4. Gorsuch
5. Barrett
6. Kavanaugh
7. Roberts
8. Thomas
9. Alito
November 5, 2025 at 10:28 PM
I was in the Supreme Court for today's tariff arguments, and I would rather be the challengers than the government. Justices ranked by likelihood of voting against the tariffs:
1. Sotomayor
2. Jackson
3. Kagan
4. Gorsuch
5. Barrett
6. Kavanaugh
7. Roberts
8. Thomas
9. Alito
1. Sotomayor
2. Jackson
3. Kagan
4. Gorsuch
5. Barrett
6. Kavanaugh
7. Roberts
8. Thomas
9. Alito
The Supreme Court will hear arguments in the tariffs cases tomorrow. @cato.org filed a brief explaining why Congress never authorized Trump's tariffs. The Supreme Court should strike them down.
November 4, 2025 at 7:29 PM
The Supreme Court will hear arguments in the tariffs cases tomorrow. @cato.org filed a brief explaining why Congress never authorized Trump's tariffs. The Supreme Court should strike them down.
Great live thread of this morning's Third Circuit oral argument in the Alina Habba Vacancies Act case. I agree that unfortunately the judges did not show the command of the basics of the FVRA that you would hope for.
I am listening to CA3 argument now on the Vacancies Act. I am screaming & we are only on minute 4. This is separate from the merits. YOU ARE OFTEN THE FIRST ASSISTANT AND THE ACTING. Now you might not be a proper first assistant but the Vacancies Act assumes when it applies the default has 2 titles.
October 21, 2025 at 1:42 AM
Great live thread of this morning's Third Circuit oral argument in the Alina Habba Vacancies Act case. I agree that unfortunately the judges did not show the command of the basics of the FVRA that you would hope for.
Thanks to @peterbakernyt.bsky.social for including my thoughts in this great piece on Trump and free speech
September 21, 2025 at 4:38 PM
Thanks to @peterbakernyt.bsky.social for including my thoughts in this great piece on Trump and free speech
Reposted by Thomas Berry
“This continues a pattern of Trump being his own lawyers’ worst enemy with his public statements,” Mr. @thomasberry.bsky.social said. “Whereas Carr focused on the alleged falsity of the statement, Trump simply admits that he wants the F.C.C. to go after stations that are unfriendly to him.”
In Assault on Free Speech, Trump Targets Speech He Hates
www.nytimes.com
September 21, 2025 at 2:35 PM
“This continues a pattern of Trump being his own lawyers’ worst enemy with his public statements,” Mr. @thomasberry.bsky.social said. “Whereas Carr focused on the alleged falsity of the statement, Trump simply admits that he wants the F.C.C. to go after stations that are unfriendly to him.”
"Regardless of the truth or falsity of Kimmel’s remark, the government should not serve as the arbiter of truth in public debate." It is all to easy for the government to use a truth-policing power "as a tool to threaten and punish disfavored speakers."
September 18, 2025 at 10:34 PM
"Regardless of the truth or falsity of Kimmel’s remark, the government should not serve as the arbiter of truth in public debate." It is all to easy for the government to use a truth-policing power "as a tool to threaten and punish disfavored speakers."
I wrote about Pam Bondi getting the First Amendment very wrong this week.
September 17, 2025 at 11:42 PM
I wrote about Pam Bondi getting the First Amendment very wrong this week.
Gratified to see that @cato.org's amicus brief was cited in this important decision, a credit to Brent Skorup's excellent work researching and writing our brief as well as Charles Brandt's dedicated research and drafting assistance.
August 29, 2025 at 9:55 PM
Gratified to see that @cato.org's amicus brief was cited in this important decision, a credit to Brent Skorup's excellent work researching and writing our brief as well as Charles Brandt's dedicated research and drafting assistance.
Reposted by Thomas Berry
This opinion has three major holdings, one interpreting the statute specific to acting U.S. attorneys, and two interpreting the general statute for acting officers across the federal government. I'm skeptical of the first but agree with the latter two. All are a very big deal 🧵
NEWS: Federal judge finds that Alina Habba is NOT lawfully performing functions and duties of U.S. Attorney in New Jersey.
Judge Matthew Brann disqualifies Habba from prosecution of two criminal defendants who challenged her appointment
Judge Matthew Brann disqualifies Habba from prosecution of two criminal defendants who challenged her appointment
August 22, 2025 at 3:42 PM
This opinion has three major holdings, one interpreting the statute specific to acting U.S. attorneys, and two interpreting the general statute for acting officers across the federal government. I'm skeptical of the first but agree with the latter two. All are a very big deal 🧵
This opinion has three major holdings, one interpreting the statute specific to acting U.S. attorneys, and two interpreting the general statute for acting officers across the federal government. I'm skeptical of the first but agree with the latter two. All are a very big deal 🧵
NEWS: Federal judge finds that Alina Habba is NOT lawfully performing functions and duties of U.S. Attorney in New Jersey.
Judge Matthew Brann disqualifies Habba from prosecution of two criminal defendants who challenged her appointment
Judge Matthew Brann disqualifies Habba from prosecution of two criminal defendants who challenged her appointment
August 22, 2025 at 3:42 PM
This opinion has three major holdings, one interpreting the statute specific to acting U.S. attorneys, and two interpreting the general statute for acting officers across the federal government. I'm skeptical of the first but agree with the latter two. All are a very big deal 🧵
I'll be on "In the Courts" with @katieleebarlow.bsky.social tonight at 11:30 on @fox5dc.com.web.brid.gy, discussing the controversy over Alina Habba's appointment as an acting U.S. attorney.
August 4, 2025 at 1:40 AM
I'll be on "In the Courts" with @katieleebarlow.bsky.social tonight at 11:30 on @fox5dc.com.web.brid.gy, discussing the controversy over Alina Habba's appointment as an acting U.S. attorney.
Reposted by Thomas Berry
My colleague @thomasberry.bsky.social provides a detailed, highly readable explainer about the "Who is the actual US Attorney for New Jersey" controversy playing out right now.
www.cato.org/blog/alina-h...
www.cato.org/blog/alina-h...
Alina Habba and the Problems with Acting Officers
Alina Habba’s acting appointment is a case study in the complexities and loopholes of the Vacancies Act.
www.cato.org
July 30, 2025 at 5:38 PM
My colleague @thomasberry.bsky.social provides a detailed, highly readable explainer about the "Who is the actual US Attorney for New Jersey" controversy playing out right now.
www.cato.org/blog/alina-h...
www.cato.org/blog/alina-h...
Alina Habba’s acting appointment is a case study in the complexities and loopholes of the Vacancies Act. Link to an explainer in the first comment.
July 30, 2025 at 3:36 PM
Alina Habba’s acting appointment is a case study in the complexities and loopholes of the Vacancies Act. Link to an explainer in the first comment.
Today the Supreme Court upheld a Texas law mandating online ID checks for adult content, effectively overruling its own precedents in the process.
June 27, 2025 at 10:10 PM
Today the Supreme Court upheld a Texas law mandating online ID checks for adult content, effectively overruling its own precedents in the process.
Today in Free Speech Coalition v. Paxton, the Supreme Court upheld as constitutional a Texas law mandating that websites impose age-verification if those websites feature one-third or more content that is obscene for minors. 🧵
June 27, 2025 at 6:07 PM
Today in Free Speech Coalition v. Paxton, the Supreme Court upheld as constitutional a Texas law mandating that websites impose age-verification if those websites feature one-third or more content that is obscene for minors. 🧵
The Trump administration has attempted to punish Harvard for what it chooses to say and teach. That violates the First Amendment. The Cato Institute has joined a broad coalition led by the ACLU to file a brief supporting Harvard.
June 24, 2025 at 4:36 PM
The Trump administration has attempted to punish Harvard for what it chooses to say and teach. That violates the First Amendment. The Cato Institute has joined a broad coalition led by the ACLU to file a brief supporting Harvard.
Cato has joined @thefireorg.bsky.social and a broad coalition of organizations to file an amicus brief supporting Rumeysa Ozturk, the Tufts University graduate student whose visa was revoked on the basis of an op-ed.
April 30, 2025 at 4:37 PM
Cato has joined @thefireorg.bsky.social and a broad coalition of organizations to file an amicus brief supporting Rumeysa Ozturk, the Tufts University graduate student whose visa was revoked on the basis of an op-ed.
All too often, the government uses creative arguments to convince courts that those suing the government lack "standing" to make their claims. This morning the Supreme Court will have a chance to push back against that strategy.
April 23, 2025 at 11:44 AM
All too often, the government uses creative arguments to convince courts that those suing the government lack "standing" to make their claims. This morning the Supreme Court will have a chance to push back against that strategy.
Reposted by Thomas Berry
This morning the Supreme Court will hear arguments in a case about whether those who make final decisions on important policy questions must be nominated by the president and confirmed by the Senate. Ironically, the Trump administration is defending the Affordable Care Act.
April 21, 2025 at 11:05 AM
This morning the Supreme Court will hear arguments in a case about whether those who make final decisions on important policy questions must be nominated by the president and confirmed by the Senate. Ironically, the Trump administration is defending the Affordable Care Act.
This morning the Supreme Court will hear arguments in a case about whether those who make final decisions on important policy questions must be nominated by the president and confirmed by the Senate. Ironically, the Trump administration is defending the Affordable Care Act.
April 21, 2025 at 11:05 AM
This morning the Supreme Court will hear arguments in a case about whether those who make final decisions on important policy questions must be nominated by the president and confirmed by the Senate. Ironically, the Trump administration is defending the Affordable Care Act.
Reposted by Thomas Berry
JUST IN: #SCOTUS agrees to Trump administration request to delve into power of district court judges to grant nationwide injunctions. Unusual oral arguments set May 15, about 2 weeks after args were to end for term. Doc: www.supremecourt.gov/orders/court... Earlier: www.politico.com/news/2025/03...
www.supremecourt.gov
April 17, 2025 at 6:14 PM
JUST IN: #SCOTUS agrees to Trump administration request to delve into power of district court judges to grant nationwide injunctions. Unusual oral arguments set May 15, about 2 weeks after args were to end for term. Doc: www.supremecourt.gov/orders/court... Earlier: www.politico.com/news/2025/03...
Reposted by Thomas Berry
A Texas city has banned short-term rentals based on flimsy evidence. The Fifth Circuit should hold the ordinance unconstitutional.
Link below, with @foxmike90.bsky.social
Link below, with @foxmike90.bsky.social
April 11, 2025 at 3:00 PM
A Texas city has banned short-term rentals based on flimsy evidence. The Fifth Circuit should hold the ordinance unconstitutional.
Link below, with @foxmike90.bsky.social
Link below, with @foxmike90.bsky.social
A Texas city has banned short-term rentals based on flimsy evidence. The Fifth Circuit should hold the ordinance unconstitutional.
Link below, with @foxmike90.bsky.social
Link below, with @foxmike90.bsky.social
April 11, 2025 at 3:00 PM
A Texas city has banned short-term rentals based on flimsy evidence. The Fifth Circuit should hold the ordinance unconstitutional.
Link below, with @foxmike90.bsky.social
Link below, with @foxmike90.bsky.social
In one hour, at 11 eastern, I'll be on a virtual panel co-sponsored by the Georgetown Free Speech Project discussing judicial independence. Tune in! Link in first comment
April 9, 2025 at 2:04 PM
In one hour, at 11 eastern, I'll be on a virtual panel co-sponsored by the Georgetown Free Speech Project discussing judicial independence. Tune in! Link in first comment
The executive order against Perkins Coie is an unconstitutional attempt to punish the firm for its protected advocacy on behalf of its clients, and to intimidate other law firms from challenging the administration or its officials.
April 3, 2025 at 4:54 PM
The executive order against Perkins Coie is an unconstitutional attempt to punish the firm for its protected advocacy on behalf of its clients, and to intimidate other law firms from challenging the administration or its officials.