The true predecessor of Janus is Lochner v. New York, “the notorious 1905 decision that turbocharged the court’s pro-business interventions into health, safety, and economic regulation.”https://t.co/Q4hUsv5OwS
— MissAnthrope (@LyssAnthrope) July 2, 2018
Like most non-lawyers, I struggle to understand the nuances of Supreme Court decisions, and I rely heavily on SCOTUSBlog (found here) to explain decisions in terms that I can understand. When the Janus v. AFSCME decision came down, followed by Justice Kennedy’s retirement announcement, I heard a lot of people talking about a return to the Lochner era. I had a vague recollection of the decision, but that mostly consisted of Lochner = bad. Today’s post is my IANAL attempt to provide an overview of the 1905 Lochner decision.
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