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
New York Bakeshop Act
surface form: the New York Bakeshop Act is a valid health law
associatedWithEra Lochner v. New York
surface form: Lochner era of Supreme Court jurisprudence
authoredBy John Marshall Harlan
John Marshall Harlan
surface form: 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
surface form: 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 of America
surface form: United States
languageCharacterization emphasizes that the wisdom of legislation is for the legislature, not the courts
legalIssue Due Process Clause
surface form: Fourteenth Amendment 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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John Marshall Harlan notableWork dissenting opinion in Lochner v. New York