Official Newspaper of Eddy County since 1883

Lochner: Clashing judicial views and the state police powers

Justice Rufus Peckham’s opinion in the landmark case of Lochner v. New York (1905), cemented the Supreme Court’s embrace of the liberty of contract doctrine and its tilt toward the laissez-faire economic philosophy of the day.

Justice Peckham’s passion for substantive due process and the Court’s assertion of authority to substitute its own preferences for those of state lawmakers unleashed an endu...

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