The Lochner era reflected conservative judicial activism, which has a long history at the Court.

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The conservatism of the Lochner era at the Supreme Court, and in the broader political world, generated a backlash.

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Within the walls of that building, Dred Scott is nowhere to be found, and Lochner stalks the halls like a ghost.

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The full name of the case, Lochner v.

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Since the Lochner era, which ended when the Court began to defer to Congress on New Deal legislation, the Supreme Court has not done that, has not broken the precedent set there.

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Ironically, within the classical liberal tradition, Lochner is far easier to defend than Roe because the ubiquitous police power, extensively discussed in Lochner, has always given the state powers to regulate over matters of health and safety.

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Lochner, which was effectively reversed in a series of post-New Deal decisions, did not involve a federal law--contrary to the president's claim--and thus had nothing to do with the Commerce Clause, which concerns only the powers of Congress.

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We have not seen a Court overturn a law that was passed by Congress on a economic issue, like health care, that I think most people would clearly consider commerce -- a law like that has not been overturned at least since Lochner.

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Lochner led to an uproar.

NEWYORKER: Benched