Another Lochner Era?

Authors

Wilson Huhn

Abstract

Many legal scholars have observed that the current Supreme Court is returning to the doctrines, values, and methods of reasoning that were employed between 1873 and 1937-the Lochner era and the era immediately preceding it.¹ As it did during the Lochner era, the current Supreme Court elevates property rights over personal rights;² strikes down major civil rights legislation;³ arrogates power to itself by ignoring legislative intent and administrative expertise;⁴ and relies on tradition instead evidence-based reasoning to interpret the law.⁵

First Page

345

Recommended Citation

Wilson Huhn, Another Lochner Era?, 62 Duq. L. Rev. 345 (2024).
Available at: https://dsc.duq.edu/dlr/vol62/iss2/8