Is the talk about abortion rights a smokescreen for reinstating Lochner?
Two cases haunt the Federal judicary as examples of judicial overreaching. On was Dredd Scott with propably precipitated the Civil War. The other is the 1905 case of Lochner v. NY. This case essentially held that state regulation of working conditions or restrictions on hours were unconstitutional intrusions onto the worker's freedom to enter contracts. Essentially, it made labor regulation illegal. This decision was not overturned until the 1930s.
Lochner still has admirers and frankly I can see Dubya being far more concerned about this than about abortion. Are interest groups concentrating on a side show while ignoring a more serious threat?
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