dissenting opinion in Lochner v. New York

E244767

The dissenting opinion in Lochner v. New York is Justice John Marshall Harlan’s influential critique of the Supreme Court’s use of substantive due process to strike down labor regulations, emphasizing judicial restraint and deference to state police powers.

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dissenting opinion in Lochner v. New York canonical 1

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Statements (44)

Predicate Object
instanceOf Supreme Court dissent ⓘ
judicial opinion ⓘ
arguesThat courts should presume constitutionality of state economic regulations ⓘ
the New York Bakeshop Act is a valid health law ⓘ
associatedWithEra Lochner era of Supreme Court jurisprudence ⓘ
linked to: Lochner v. New York
authoredBy John Marshall Harlan ⓘ
Justice John Marshall Harlan ⓘ
caseCitation 198 U.S. 45 (1905) ⓘ
caseContext challenge to New York Bakeshop Act limiting bakers’ working hours ⓘ
caseName Lochner v. New York ⓘ
citedFor principle that courts should not act as a super-legislature in economic matters ⓘ
citedIn constitutional law scholarship on the Lochner era ⓘ
constitutionalProvisionInterpreted Fourteenth Amendment to the United States Constitution ⓘ
contrastsWith Justice Rufus Peckham’s majority opinion in Lochner v. New York ⓘ
court Supreme Court of the United States ⓘ
criticizesDoctrine aggressive substantive due process review ⓘ
judicial invalidation of economic regulation based on laissez-faire principles ⓘ
date 1905 ⓘ
focusesOn limits of judicial review ⓘ
reasonableness of labor regulations ⓘ
historicalSignificance influential critique of Lochner-era substantive due process ⓘ
holdsThat courts should not second-guess legislative judgments on social and economic policy if any reasonable basis exists ⓘ
states may regulate working hours under their police powers to protect health and safety ⓘ
influenced later jurisprudence favoring deference to economic regulation ⓘ
jurisdiction United States ⓘ
languageCharacterization emphasizes that the wisdom of legislation is for the legislature, not the courts ⓘ
legalIssue Fourteenth Amendment Due Process Clause ⓘ
linked to: Due Process Clause

freedom of contract ⓘ
state police power ⓘ
substantive due process ⓘ
legalPhilosophy more deferential approach to legislative judgments than the majority in Lochner ⓘ
opinionType individual dissent ⓘ
opposes majority opinion in Lochner v. New York ⓘ
partOf Lochner v. New York ⓘ
positionOnOutcome would have upheld the New York labor law ⓘ
relatedDoctrine rational basis review (as a precursor concept) ⓘ
subjectMatter labor regulation in the baking industry ⓘ
limits of economic liberty under the Due Process Clause ⓘ
subsequentReception often praised by modern constitutional scholars ⓘ
supportsDoctrine broad state police powers ⓘ
deference to state legislatures ⓘ
judicial restraint ⓘ
viewOnFreedomOfContract freedom of contract is not absolute and may be reasonably regulated ⓘ
viewOnPolicePower state police power includes protection of workers’ health in hazardous occupations ⓘ

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

John Marshall Harlan → notableWork → dissenting opinion in Lochner v. New York ⓘ