Justice Breyer Is Foreover Afflicted With Lochnerphobia
During arguments in Dobbs, Justice Breyer continued his long-standing jeremiad against Lochner. Here, Breyer said that during the Depresion, Lochner became unsustainable because it required “pure laissez faire.”
They said, are you going to sit here in the middle of the Depression and tell me that –that Lochner, with its other cases, and pure, just about pure laissez faire, we can run the country that way.
No, Lochner and related cases did no
Article from Reason.com