Judge Barrett on the Lochner Era and the “Switch in Time”
Most law professor finish their careers as law professors. Not these two. Former-Professor Josh Hawley is now a Senator from Missouri. And former-Professor Amy Coney Barrett is on the cusp of the Supreme Court. Hawley asked Barrett about Justice Holmes’s Lochner dissent. Her answer expanded into the Lochner era, and the “Switch in Time.” I searched the Gorsuch transcript, and there were no references to Lochner. The Kavanaugh record is not yet prepared, but I do not recall any discussions of Lochner.
The exchange runs from 6:38-9:03.
SEN. HAWLEY: Justice Oliver Wendell Holmes, Jr. said in the famous Lochner case, in his famous dissent in that case, over a century ago, he said “the 14th Amendment does not enact Mr. Herbert
Article from Latest – Reason.com