In 1922 and 1923, Harding appointed George Sutherland, Pierce Butler, and Edward Terry Sanford to replace Day, Pitney, and Clarke.

The Taft Court struck down numerous economic regulations in defense of a laissez-faire economy, but largely avoided striking down laws that affected civil liberties.

[6] The court also tended to take the side of businesses over unions, rarely intervened to protect minorities, and generally issued conservative rulings with regard to criminal procedure.

McReynolds, Van Devanter, and the Harding appointees (Taft, Sutherland, Butler, and Sanford) made up the conservative bloc and frequently voted to strike down progressive legislation such as child labor laws.

[5] Van Devanter, Taft, Sutherland, Butler, and Sanford formed a cohesive quintet that often voted together, while McReynolds was more likely than the others to dissent from the right.