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Economic Regulation & Property

Lochner v. New York

Decided: 1905

In brief

Struck down a maximum-hours law as violating 'liberty of contract,' inaugurating an era of striking down economic regulation.

The Court's ruling in depth

The Court struck down New York's 60-hour weekly cap on bakers' work as an unreasonable interference with the 'liberty of contract' between employer and employee. Justice Holmes's dissent — 'The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics' — is one of the most famous in American law. 'Lochner' became a byword for judicial overreach, and the era of aggressive judicial review of economic regulation is named for it. It was buried by West Coast Hotel in 1937.

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