Legal Definitions - Lochnerize

Lochnerize (verb) describes the act of a court invalidating economic laws or regulations by broadly interpreting constitutional protections, particularly the Due Process Clause, to safeguard what it perceives as individual economic liberty. This approach often involves judges substituting their own economic judgments for those of elected legislatures, reminiscent of the U.S. Supreme Court's actions in the early 20th century.

The term originates from the landmark 1905 U.S. Supreme Court case, Lochner v. New York. In that decision, the Court struck down a New York law limiting the working hours for bakers, arguing it interfered with the "freedom of contract" between employers and employees. The Court deemed this freedom protected by the Fourteenth Amendment's Due Process Clause, which generally ensures fair treatment and protects fundamental rights. This ruling became emblematic of a period where courts frequently overturned economic and social legislation, believing it infringed on individual economic rights rather than serving a legitimate public purpose.

Here are some examples illustrating how a court might "Lochnerize":

• Striking Down a Minimum Wage Law: Imagine a state legislature passes a law establishing a minimum wage significantly higher than the federal standard, aiming to ensure a living wage for all workers. A court could be accused of "Lochnerizing" if it invalidates this law, arguing that it unconstitutionally interferes with the freedom of employers and employees to negotiate wages, thereby infringing on their economic liberty under a broad interpretation of due process. The court might conclude that the legislature overstepped its bounds by dictating economic terms, even if the law was intended for public welfare.

• Overturning Regulations on Gig Economy Workers: Consider a city council enacting an ordinance that requires ride-share and food delivery companies to classify their drivers as employees, entitling them to benefits like health insurance and paid leave. If a court were to overturn this ordinance, ruling that it unduly restricts the companies' and drivers' freedom to contract as independent contractors, it would be "Lochnerizing." The court would be prioritizing its view of economic freedom over the city's legislative judgment to provide worker protections, seeing the regulation as an unconstitutional interference with private economic arrangements.

• Invalidating Environmental Regulations Based on Business Impact: Suppose a state implements stringent environmental regulations on manufacturing plants, requiring costly upgrades to significantly reduce pollution and protect public health. If a court were to invalidate these regulations, asserting that they place an unreasonable financial burden on businesses and infringe upon their economic liberty and property rights without sufficient justification, it would be engaging in "Lochnerization." In this scenario, the court would be substituting its economic assessment for the legislature's determination of public health and environmental priorities, effectively prioritizing business interests over regulatory goals.