The Cato Institute and Joyce Lee Malcolm
Amici Curiae
C. Kevin Marshall, Counsel of Record The CatoInstitute is a public policy research foundation supporting limited government,individual liberty, and free markets. Joyce Lee Malcolm is a professor of legalhistory at George Mason University. C. Kevin Marshall is a lawyer with the lawfirm Jones Day, where he specializes in trial and appellate law. He receivedhis law degree from the University of Chicago in 1998. The following isexcerpted from the Amicus Curiae Brieffor the Respondent as submitted to the U.S. Supreme Court on February 8, 2008. Overa century ago, this Court declared it “perfectly well settled that the Bill ofRights was…
