Will the Court Overturn Bad Precedents?
In his recent book, Nixon’s White House Wars, Patrick J. Buchanan writes about how most of Richard Nixon’s Supreme Court nominees—Buchanan was an aide to Nixon—did not turn out to be the “judicial restraintists” that the thirty-seventh president had hoped for. Buchanan says that has been a problem for Republican presidents generally. From Nixon up until Trump, they have appointed twelve justices and the Democrats have appointed only four (Justice Neil Gorsuch makes thirteen). Still, there has been no constitutional counter-revolution away from the path of cultural decay that he says began with the Warren Court (1953-1969). He tells us