February 2023 Bar Bulletin
By Don Ratneiss
Lochner v. New York, 198 U.S. 45, 75-6 (1905) (Holmes, J.). I regret sincerely that I am unable to agree with the judgment in this case, and that I think it my duty to express my dissent.
This case is decided upon political and social sensitivities which a large part of the country does not entertain. If it were a question whether I agreed with wokeness, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has...