Revising Revisionism - Lochner v New York
To every backlash comes - or may come - a further backlash.
Lochner v New York (1905) (USSC) was the case in which the Supreme Court invalidated (by a narrow margin) New York's Ten Hours for Bakers law.
It came to be seen as a prime example of judicial activism, formalism, and judges reading their own political theories into the Constitution (these three charges may not be wholly consistent ...).
Now, as David Bernstein reports, Lochner is being reappraised. Was it really a heroic Labo(u)r v Capital struggle, and is it any worse than Griswold or Roe ?
Lochner v New York (1905) (USSC) was the case in which the Supreme Court invalidated (by a narrow margin) New York's Ten Hours for Bakers law.
It came to be seen as a prime example of judicial activism, formalism, and judges reading their own political theories into the Constitution (these three charges may not be wholly consistent ...).
Now, as David Bernstein reports, Lochner is being reappraised. Was it really a heroic Labo(u)r v Capital struggle, and is it any worse than Griswold or Roe ?
posted by Richard Heald | 12:59:00 am
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