In my new Civitas column, I explain how President Trump is, in many regards, refighting the war that was waged against President Nixon. In the process, Trump is butting against many precedents of the Burger Court, including United States v. Nixon and Train v. United States. I suspect that both of these cases would no longer command a majority of the Court.
Taking a step back, it is striking how many of the decisions by the Burger Court have been overturned in recent years, even as precedents of the Warren Court remain inviolable.
Consider some highlights (or lowlights, depending on your perspective). • Roe v. Wade (1973) was reversed by Dobbs v. Jackson Women's Health Organization (2022). • Board of Regents of California v. Bakke (1978) largely upheld the use of affirmative action po