Lochner

Justice Ginsburg’s Warning to the American Worker

by Ian Millhiser Feb 1, 2016 8:00 am Lochner v. New York is one of the Supreme Court’s great anti-precedents. Typically taught in law schools as an example of how judges should not behave, Lochner rested on a fabricated “right to contract” that, in effect, gave employers broad license to exploit their workers. The so-called right invented in Lochner and similar cases later formed the basis for …