Thursday, February 21, 2008

Lochner, Where Are You When We Need You?

Supreme Court Justice Anthony M. Kennedy refused on Thursday afternoon to forbid the city and county of San Francisco to continue enforcing a local ordinance that sets minimum levels of spending by employers for their workers’ health care.
Back when the U.S. Supreme Court upheld the Constitution, the City of San Francisco would have thought long and hard before interfering in employment relationships. (See Lochner v. New York.) But that was before the New Deal Court began to find constitutionality in government-imposed conditions of employment, from mandatory unionization to Social Security to affirmative action.

Well, if the Circuit Court and the U.S. Supreme Court uphold San Francisco in this case, that "fair" city will be waving bye-bye to a lot of companies and a lot of jobs.

Related posts:
"The Cost of Affirmative Action" (01 Jun 2004)
"A Very Politically Incorrect Labor Day Post" (06 Sep 2004)
"Freedom of Contract and the Rise of Judicial Tyranny" (07 Sep 2004)
"Social Security Is Unconstitutional" (31 Oct 2004)
"Race, Intelligence, and Affirmative Action" (05 Dec 2004)
"An Agenda for the Supreme Court" (29 Jun 2005)
"Substantive Due Process, Liberty of Contract, and States' 'Police Power'" (28 Nov 2005)
"Positive Rights and Cosmic Justice: Part IV" (06 Aug 2007)