The Legacy of Lochner

Nathan Newman has another spirited response to David Bernstein's defense of Lochner. I happen to think it just plain stupid for Justice Janice Brown to have defended Lochner, in the same way that it would be stupid to criticize Brown v. Board of Education, or to argue that women shouldn't be protected by the 14th Amendment (here's looking at you, Judge Bork). The position you'd be taking is so hopelessly lost to the power of conventional wisdom that you're practically handing your opponents the rope with which to hang you.