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
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.
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
"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.
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.
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.
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.
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.
I enjoyed getting the chance to watch my former law school professor Cristina Rodriguez debate Supreme Court reform at the new Johns Hopkins building on Pennsylvania Ave (though I still miss the Newseum, which used to be housed here).
January 30, 2025 at 2:27 AM
I enjoyed getting the chance to watch my former law school professor Cristina Rodriguez debate Supreme Court reform at the new Johns Hopkins building on Pennsylvania Ave (though I still miss the Newseum, which used to be housed here).
Looking forward to speaking momentarily at @dukelaw.bsky.social on a legal libertarian view of what's to come in the second Trump Administration.
January 27, 2025 at 4:58 PM
Looking forward to speaking momentarily at @dukelaw.bsky.social on a legal libertarian view of what's to come in the second Trump Administration.
Yesterday's Supreme Court oral argument in Free Speech Coalition v. Paxton featured an exchange between Justice Jackson and the Texas solicitor general that really drove home how courts are forced to accept absurd government arguments under rational basis review.
January 16, 2025 at 1:25 PM
Yesterday's Supreme Court oral argument in Free Speech Coalition v. Paxton featured an exchange between Justice Jackson and the Texas solicitor general that really drove home how courts are forced to accept absurd government arguments under rational basis review.
Braving the cold in the Supreme Court bar line for the TikTok argument.
January 10, 2025 at 12:53 PM
Braving the cold in the Supreme Court bar line for the TikTok argument.
Was Jack Smith unlawfully appointed? I wrote about Judge Cannon's opinion tossing out the Trump prosecution for
Yale Journal on Regulation's Notice & Comment blog.
www.yalejreg.com/nc/analyzing...
Yale Journal on Regulation's Notice & Comment blog.
www.yalejreg.com/nc/analyzing...
July 24, 2024 at 3:41 PM
Was Jack Smith unlawfully appointed? I wrote about Judge Cannon's opinion tossing out the Trump prosecution for
Yale Journal on Regulation's Notice & Comment blog.
www.yalejreg.com/nc/analyzing...
Yale Journal on Regulation's Notice & Comment blog.
www.yalejreg.com/nc/analyzing...