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Yeah, as much as I dislike unions, these "freedom of contract" cases usually involve anything but... Tom Send a noteboard - 21/12/2019 08:28:59 PM

Cannoli's argument sounds a lot like the case in Lochner v. New York, which is one of the most infamous Supreme Court decisions ever passed, for a variety of reasons.

Essentially, at the time, bakers were required to work for hideously long hours. Bakers who refused to were fired. It was a vicious industry at the time and so New York State passed a law that capped their work at 60 hours per week and 10 hours per day. Given that they were working in hot kitchens around ovens, 10 hours is even more grueling than, say, working at a desk for 10 hours. The Supreme Court cited the "freedom of contract" in a perverse ruling that implied that the bakers actually wanted to work 80-100 hour work weeks.

No one liked the decision. I mean no one. The Left of course hates it because they want one big union, John Reed style, under a red banner of socialism and all that bullshit. However, people on the Right, like me, hate Lochner because it represents the beginning of the pernicious use by the Supreme Court of Substantive Due Process, the monster that strangles all logic and common sense and led us down the path to Roe v. Wade. The only way that the Court could strike down limitations on hours set for public health and safety reasons was to apply the notion that the Fourteenth Amendment provides substantive due process, and this substantive due process was violated. If you ever wonder how the Supreme Court ended up finding a "right" to murder babies in the Constitution, thank Lochner.

Political correctness is the pettiest form of casuistry.

ἡ δὲ κἀκ τριῶν τρυπημάτων ἐργαζομένη ἐνεκάλει τῇ φύσει, δυσφορουμένη, ὅτι δὴ μὴ καὶ τοὺς τιτθοὺς αὐτῇ εὐρύτερον ἢ νῦν εἰσι τρυπώη, ὅπως καὶ ἄλλην ἐνταῦθα μίξιν ἐπιτεχνᾶσθαι δυνατὴ εἴη. – Procopius

Ummaka qinnassa nīk!

*MySmiley*
This message last edited by Tom on 21/12/2019 at 10:26:56 PM
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Just to show that stupidity is bipartisan... - 19/12/2019 10:16:07 PM 286 Views
Your reactionary views are out of step with business needs of the 21st century. - 20/12/2019 12:43:43 PM 154 Views
Re: Your reactionary views are out of step with business needs of the 21st century. - 20/12/2019 02:14:22 PM 184 Views
Re: Your reactionary views are out of step with business needs of the 21st century. - 20/12/2019 03:03:44 PM 163 Views
Yeah, as much as I dislike unions, these "freedom of contract" cases usually involve anything but... - 21/12/2019 08:28:59 PM 180 Views

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