Lochner v. New York

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In Lochner v. New York (1905), the U.S. Supreme Court invalidated a law of New York that prohibited bakers from working more than 10 hours a day, or more than 60 hours a week. This ruling stood as a precedent for decades against government regulation of the workplace, until the late 1930s when Justices appointed by Franklin Delano Roosevelt comprised a majority for upholding regulations of the New Deal.

It is generally regarded as anticanon and although some libertarians have praised it, conservatives such as Judge Robert Bork[1] and Justice Antonin Scalia[2] have criticized it as a rare example of conservative judicial activism.


  1. Conservative Judicial Activism Is Just As Objectionable as Liberal Judicial Activism
  2. George Will Enlists In Campaign To Repeal 20th Century With Defense Of Lochner