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Did the Supreme Court Open the Door to Reviving One of Its Worst Decisions?
https://www.nytimes.com/2022/07/02/business/scotus-lochner-v-new-york.htmlhttps://archive.ph/7gXe2
Did the Supreme Court Open the Door to Reviving One of Its Worst Decisions?
Lochner v. New York, a 1905 decision on labor law, is imprinted on todays law students as an example of bad jurisprudence. But those old days could be returning.
By James B. Stewart
Published July 2, 2022
...
In striking down a law that prevented bakery employees from working more than 10 hours a day and 60 hours a week, the court, under the 14th Amendment, enshrined a constitutional right to freedom of contract that is, the freedom of people to form contracts without the governments involvement. The decision set the stage for what became known as the Lochner era of laissez-faire capitalism.
That era lasted until the Great Depression and the New Deal in the 1930s. In its heyday, the frequently-cited Lochner was arguably the most important business case the court had ever decided, severely curtailing the governments ability to regulate business and the economy.
Today, Lochner is imprinted on the mind of nearly every law student as an example of a bad decision. While Lochner was never expressly overruled, it, along with the segregation-era decisions of Dred Scott and Plessy v. Ferguson, was practically cast aside by subsequent rulings.
Now, in the wake of the courts momentous rulings overturning Roe v. Wade in Dobbs v. Jackson Womens Health Organization and restricting the reach of administrative agencies in West Virginia v. Environmental Protection Agency, the foundation has been laid for, if not an outright resurrection of Lochner, at least a serious reappraisal.
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Did the Supreme Court Open the Door to Reviving One of Its Worst Decisions? (Original Post)
dalton99a
Jul 2022
OP
Walleye
(30,935 posts)1. Now we see how the Triangle Shirtwaist factory fire disaster happened. That was in 1911
dalton99a
(81,374 posts)3. +1. A businessman must have his FREEDOM
Frasier Balzov
(2,639 posts)2. Janus v. AFSCME (2018)
Alito is clearly the enemy of labor.
https://www.scotusblog.com/2018/06/opinion-analysis-court-strikes-down-public-sector-union-fees/
J_William_Ryan
(1,748 posts)4. "Freedom of contract"
really hasnt gone away it exists today, known as right to work, government policy that favors employers at the expense of working Americans.
And yes, this radical and extremist Court will likely seek to return America to the anachronism that was the Lochner Era.