Lochner and Post Lochner Era Flashcards
During the Lochner Era, states were alllowed to regulate econonomically only if 2 things rang true?
- Was a compelling state interest AND
- the regulation was necessary to achieve that purpose
Explain Lochner v. NY
Bakers were working in horrible conditions. NY statute imposed limitations on hours to address public health issue.
What was the issue in Lochner?
Whether a particular provision of the Bake Shop Act which limited max number of hours that employees could work was a valid exercise of NY police power or a violation of liberty protected by the Due Process Clause of the Fourteenth Amendment?
Holding in Lochner
Strikes down the act because the liberty prong of DPC grants fundamental right of freedom to contract
Was there a compelling state interest in Lochner?
No - work of baker is not particularly unhealthy so there is no need for the state to regulate with police power. Fit of interest is not tight enough.
Harlan Dissent in Lochner
Liberty of contract under the DPC exists but is subordinate to state’s police power. State police power extends to public health concerns so we should defer to the states on state needs for its citizens.
Holmes Dissent in Lochner
state right to interfere with work limits is already well esetablished.
What is lochnerizing
when a court determines that an unenumerated right is fundamental, court acts like a super legislature or engages in judicial activism in the context of unenumerated rights
Explain Muller v. oregon
state statute that placed limits on women working. Upheld statute because factual evidence showed women’s physical structure justified legislation because women were put at a disadvantage and legislation was necessary to protect equality.
What case was an outlier for lochnerizing?
Muller v. Oregon
Bunting v. Oregon
Court upheld statute establishing maximum ten hour day for factory workers of both sexes
Adkins v. Children’s Hospital
state statute establishing minimum wages for women. This was struck down because it interfered with the right to contract.
rational basis rview
lowest level of review and the court is going to defer to state legislatures and assume that state legislatures had the facts at hand and make a decision for the state. Court is going to assume that state did the right thing as long as there is no reason to believe that it acted in a way that was capricious, discriminatory or unreasonable AND there is some connection between what that state action does and what the issue is that the state is trying to solve.
Nebbia v NY
Gov regulation fixes milk prices and Nebbia is convicted of selling cheap milk.
Holding in Nebbia
State is free to adopt and enforce economic policy reasonably deemed to promote public welfare. Needs to have a real and substantial relation to the object it is seeking to be attained.
