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Gonzales v. Carhart: Amicus brief of the CATO Institute

Nebraska

BRIEF OF THE CATO INSTITUTE AS AMICUS CURIAE IN SUPPORT OF RESPONDENTS
The Cato Institute respectfully submits this brief as amicus curiae in support of respondents. Letters of consent have been filed with the Clerk.

INTEREST OF AMICUS CURIAE
The Cato Institute (“Cato”) was established in 1977 as a non-partisan public policy research foundation dedicated to advancing the principles of individual liberty, free markets, and limited government. Cato’s Center for Constitutional Studies was established in 1989 to help restore the principles of limited constitutional government, especially the idea that the U.S. Constitution establishes a government of delegated, enumerated, and thus limited powers. Toward that end, the Institute and the Center undertake a wide range of publications and programs, including, notably, publication of the Cato Supreme Court Review. The instant case raises the question of what constitutional constraints, if any, apply when Congress seeks to subject the private practice of medicine – historically the province of the States – to expansive and intrusive federal regulation, and is thus of central interest to the Cato Institute and its Center for Constitutional Studies.