Show notes
Lochner v New York, a 1905 Supreme Court case about working hours and contracts, is considered anti-canon. Right up there with Dred Scott, Plessy and Korematsu. The question is, how did it get there? Why do people think it's so bad? And what does this decision, and the era that followed, say about politics and the Supreme Court?
Our guides to this case and what came after are Rebecca Brown, Rader Family Trustee Chair in Law at USC Gould School of Law and Matthew Lindsay, Associate Professor of Law at University of Baltimore School of Law.