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Civics 101

How did Lochner v New York end up on the naughty list?

Civics 101

NHPR

Education, History, Supreme Court, American History, Elections, Democracy, Society & Culture, Government, Civics, Politics, Social Studies

4.62.4K Ratings

🗓️ 26 March 2024

⏱️ 40 minutes

🧾️ Download transcript

Summary

Everybody agrees it's bad, nobody agrees on why.

Transcript

Click on a timestamp to play from that location

0:00.0

Nick, when I say anti-canon, does that mean anything to you?

0:05.0

Yeah, like Supreme Court anti-canon?

0:07.0

Yeah.

0:08.0

I always think these are the cases that aren't just sort of bad. They were decided badly and so badly they can't be used by any future cases as precedent, right?

0:21.5

Right, exactly. The decisions wherein the court got something so

0:25.2

wrong that they cannot be considered precedent, right? The court can't reference

0:30.0

back to them, don't build a future opinion on the opinions there and the list is typically

0:36.4

as follows.

0:38.4

Dread Scott v. U.S.

0:40.6

Plessy v Ferguson, Lochner v New York, and Coramatsu, the U.S.

0:47.0

And you know, not all legal scholars agree that all of these cases are bad jurisprudence as we call it I just want to make that

0:55.0

clear but we here at Civics 101 are calling the Mantic Cannon and we have made

1:00.2

episodes about every case on this list except for one.

1:04.4

Except for one, Hannah.

1:06.2

It's the one I know nothing about.

1:09.0

Well, aren't you, Nick Capadiche, lucky to be here?

1:12.1

And aren't I, Hannah McCarthy?

1:14.4

This is Civics 101.

1:15.8

Today we are taking on the case, of course, of Lochner v New York.

1:22.3

Nick, why do you think we have not dug into Lochner?

1:25.0

Honestly, it's, it's like it's not shouting ill will from the page like the others as far as I can tell.

1:34.2

Like it doesn't feel evil in the same way it doesn't make you balk.

...

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