Case Citator › Lochner v. New York

Lochner v. New York

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of the United States
Citation
198 U.S. 45
Decided
Confirmed treatments
1
Flagged citations read
74 of 74
Citing cases (total)
1,234
Treatment dates
1963
Abrogated
A reviewed court treats this case as abrogated by later authority. Lochner v. New York's economic due process doctrine was discarded by the Supreme Court, as the treatment listed below confirms. All 74 flagged citations have been read.
More on how this was screened

Day-Brite Lighting rejected a liberty-of-contract challenge because sustaining it would require returning to Lochner's approach; Griswold declined an invitation to use Lochner as its guide. In Ferguson v. Skrupa, the Court expressly described Lochner's doctrine as discarded. The West Coast Hotel majority expressly overruled Adkins, while its own controlling text does not name Lochner. A Kansas opinion that questioned Lochner was reversed by the Supreme Court in Chas. Wolff Packing Co. v. Court of Industrial Relations and is not counted as a surviving treatment.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1,234 later cases cite Lochner v. New York; 74 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Lochner v. New York?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court confirmed that the economic due process doctrine applied in Lochner had long since been discarded.

    Ferguson v. Skrupa · Supreme Court of the United States · filed

    The doctrine that prevailed in Lochner, Coppage, Adkins, Burns, and like cases ... has long since been discarded.
    Read the full opinion on CourtListener →

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