Lochnerize

What is Lochnerize?

1.

This term describes a method of legal reasoning where a court substitutes its policy judgment for a legislature in overturning legislation. This term was popularized after the now overturned decision of Lochner v. New York.

When the court struck down the legislation setting maximum work hours for bakers, they were clearly lochnerizing.

See Penumbra

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Lochnerize Edit Meaning

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Lochnerize