Why Liberals Fear the "Lochner" Decision

George Will, Washington PostLiberal certitudes continue to dissolve, the most recent solvent being a robust new defense of a 1905 Supreme Court decision that liberals have long reviled — and misrepresented. To understand why the court correctly decided Lochner v. New York and why this is relevant to current arguments, read David E. Bernstein’s “Rehabilitating Lochner: Defending Individual Rights against Progressive Reform.”Since the New Deal, courts have stopped defending liberty of contract and other unenumerated rights grounded in America’s natural rights tradition....

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