Morehead v. New York

[○∙◄☻¥tπ[╪AV┼cVê└]

The in 1936, the US Supreme Court ruled that the New York State minimum wage violated the Constitution.

I'm positive that Alito and others are hoping they can strike down minimum wage laws again.

[Peter]

The decision, like much of Lochner's progeny, was unsound.

Do you have any evidence from Alito's scholarship to suggest that he would strike down minimum wage laws?

[○∙◄☻¥tπ[╪AV┼cVê└]

The decision, like much of Lochner's progeny, was unsound.

Do you have any evidence from Alito's scholarship to suggest that he would strike down minimum wage laws?

Well, he has consistantly ruled against the little guy, just like the court did during FDR's 1st term.

[A18]

Unsound. Almost as unsound as the more recent "substantive due process" jurisprudence.

Lochner was effectively overturned sub silentio in Bunting v. Oregon (1917), so I'm not sure why this era is referred to as the "Lochner era" (given that it did not even begin with Lochner).

And contrary to the implication of jFraud's post, the vast majority of economic legislation was upheld during this period.

[True Federalist (진정한 연방 주의자)]

The result was reasonably sound, but I'm not certain of the means arrived to get there.  The law that was overturned set minimum wages for women, but not men, without establishing a sound basis for why that gender difference in who was affected  by a minimum wage was needed.   

[○∙◄☻¥tπ[╪AV┼cVê└]

Bump.  We need a Democratic Senate to prevent an extremist court like the one that struck down New York's minimum wage in 1936.

[Beet]

The decision was legally sound but politically unsound.

[Sam Spade]

Don't you think this is a bit ridiculous, fernie.  I don't see anyone moving to invalidate West Coast Hotel v. Parrish anytime soon.

[AuH2O]

jfern, perhaps you could explain the judicial errors made in Morehead?