The Latest Breaking News from Lochner

Once again, Justice Thomas raises questions the other Justices simply do not wish to answer.

An unconstitutional act is still unconstitutional even if lots of people support it.

From his opinion yesterday in Bert Co. v. Turk (and see here how he applies this to the particular issue involved in that case, which is federal constitutional limits on state punitive damages awards); the opinion cites our own Randy Barnett many times: [I.] The United States Constitution protects unenumerated…

From Pennsylvania Supreme Court Justice David Wecht's concurrence yesterday in Bert Co. v. Turk (and see here for Justice Wecht's broader discussion of unenumerated rights): … While I have significant doubts about much of the jurisprudence that controls the present inquiry and that assigns punitive damage awards a federal "constitutional…

Prompt: Write an essay about Lochner v. New York in the style of David Bernstein Answer: Lochner v. New York is a landmark case that was decided by the United States Supreme Court in 1905. The case involved a challenge to a New York state law that regulated the working…

Gift ideas for the VC readers in your life!

PITTSBURGH — The U.S. Supreme Court’s decision Friday to overturn Roe v. Wade could do lasting damage to the institution’s legacy as it signals a changing approach to precedent, according to legal experts.

If the high court adopts Alito’s draft opinion, it will be a legal tidal wave that sweeps away a swath of rights unlike anything America has ever seen

That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.