Legal Definitions - Lochnerize

Definition: Lochnerize (lok-nər-Iz), vb. To examine and strike down economic legislation under the guise of enforcing the Due Process Clause, especially in the manner of the U.S. Supreme Court during the early 20th century. The term takes its name from the decision in Lochner v. New York, 198 U.S. 45, 25 S.Ct. 539 (1905), in which the Court invalidated New York's maximum-hours law for bakers.

Example: The Supreme Court's decision in Lochner v. New York is a classic example of Lochnerizing. In this case, the Court struck down a law that limited the number of hours that bakers could work in a week. The Court held that the law violated the Due Process Clause of the Fourteenth Amendment because it interfered with the bakers' right to contract with their employers.

Explanation: The example illustrates how the Supreme Court used the Due Process Clause to strike down economic legislation that it believed interfered with the freedom of contract. The Court's decision in Lochner v. New York is a prime example of this practice, which came to be known as Lochnerizing. The Court's reasoning in this case was controversial and has been criticized by many legal scholars.