Lochnerize

“Lochnerize” is a verb that means to examine and strike down economic legislation under the guise of enforcing the Due Process Clause. It can also mean to read one's policy preferences into the Constitution. The term comes from the decision in the 1905 case Lochner v. New York.

The Lochner era was a period in American legal history from 1897 to 1937. During this time, the Supreme Court of the United States is said to have made it a common practice to strike down economic regulations adopted by a State.

In Lochner v. New York, the Supreme Court invalidated a New York law that prohibited New Yorkers from working in a bakery more than 10 hours in one day or 60 hours per week. The majority maintained that the statute interfered with the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee.