In Law & Liberty, M and M post the results of a survey of more than 100 conservative and libertarian legal scholars who were asked to list the worst Supreme Court decisions.
No doubt, Corner readers will have disparate opinions on this subject. For whatever it’s worth, I don’t think Lochner is one of the worst decisions. In fact, in telling New York that it must allow bakers to determine for themselves how many hours of work they contract for, the decision did no damage at all.
And a big omission is NLRB v. Jones & Laughlin Steel Corporation, the case that put the Court’s stamp of approval on federal pro-union legislation: This has been doing harm since 1937.