In a previous deep dive on the US Supreme Court (SCOTUS), we discussed where SCOTUS derives its power and how it could be limited.

In this piece, we’ll look at the creation of “substantive due process” as it related to what was known as the “Lochner era.” The Lochner era marked the beginning of the Court’s expansion of its powers into unenumerated rights (see below), and by extension, Americans’ economic and social lives, which persists today.

Full article: LWVUS Blog / Last Updated: October 19, 2023 By: Thomas Tai