Conservative judges in the
Lochner Era read “substantive due process” and “due process, liberty” as
meaning neither states (14th Amendment) nor the federal government (5th
Amendment) could regulate wages or hours or workplace safety conditions, etc.
All of which was a complete
fabrication, of course.
Also, it is untrue to insist only
Tea Baggers or the most extreme conservatives endorse Lochner.
On the contrary, it is pretty
much the usual thing, at least for “fiscal” and “movement” conservatives.
George Will, for example, has
gone on record more than once supporting Lochner and insisting it ought to be
rehabilitated.
By the way, Brown was wrong, too.
But that was a liberal lie.
Forced to choose, of course I would prefer, on the whole, liberal liars to conservatives.
I prioritize the class war on the side of the under-dog.
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