How Lochnerism Ends
Journal: Seton Hall Law Review
Year: 2025

The Roberts Court's aggressive push for deregulation-often called New Lochnerism-seems ascendant in constitutional jurisprudence.The Court has revived Lochner-era judicial activism-dismantling bases for agency power, constitutionalizing free-market principles via the First Amendment, and using novel interpretive doctrines to curb the reach of major regulatory statutes.Its foreign affairs jurisprudence also mirrors the Lochner-era's in favoring a conception of U.S. sovereignty that rejects bindin