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.

References

  1. https://cfif.org/v/index.php/commentary/42/4209-conservative-judicial-activism-is-just-as-objectionable-as-liberal-judicial-activism
  2. https://www.mediamatters.org/george-will/george-will-enlists-campaign-repeal-20th-century-defense-lochner