Professor Bernstein a participant in AEI discussion regarding Lochner v. New York

Professor David Bernstein was a participant in an American Enterprise Institute scholarly discussion of Lochner v. New York entitled "The Supreme Court: Lochner at 100, Still Crazy After All These Years."

Judges and "Traditional Values"   A 100th Birthday Party for a Despised Supreme Court Decision Reminds Us that Judicial Activism is in the Eye of the Beholder Pittsburgh Post-Gazette (PA), April 25, 2005. By Michael McGough.


"David E. Bernstein, a professor at the George Mason University law school, has devoted a lot of energy to debunking the traditional view of Lochner v. New York -- that it was nothing more than an attempt by a business-friendly Supreme Court to write laissez-faire capitalism into the Constitution.

Lochner, Bernstein argued, also is part of a broader tradition in which the court interpreted the "liberty" secured by the Constitution's Due Process Clause as protecting "pre-political rights" that existed before the adoption of the Constitution and can be ascertained by human reason."