Thursday, September 8, 2011

Why Liberals Fear the "Lochner" Decision

George Will, Washington Post
Liberal 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....

Source: http://www.realclearpolitics.com/2011/09/08/why_liberals_fear_the_quotlochnerquot_decision_263064.html

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