October 26, 2015

2016-03-31T22:03:03-04:00

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Randy Barnett and Paul Kens talked about the 1905 U.S. Supreme Court case Lochner v. New York in which the court voted 5-4 to strike down a state law restricting the number of hours that a baker could work. Instead the court held that the liberty to enter into contracts was protected by the due process clause of the Fourteenth Amendment. For more than two decades, the precedents set in this case favored employers in cases involving issues such as child labor laws and minimum wages. The guests also responded to viewer questions and comments. Video clips were shown from tours of a New York City bakery and the New York Assembly chamber and the New York Court of Appeals in Albany; an interview with John Brady, a great-grandson of litigant Joseph Lochner; a March 9, 1937, radio “fireside chat” by President Franklin D. Roosevelt; the June 2015 audio recording of Chief Justice John Roberts' dissent in Obergefell v. Hodges; and Senator Rand Paul (R-KY) on the Senate floor in March 2013.

Randy Barnett and Paul Kens talked about the 1905 U.S. Supreme Court case Lochner v. New York in which the court voted 5-4 to strike down a state law… read more