Call me old-fashioned but I still believe the primary role of government is to protect our liberty. The Framers believed this was the government’s role and it was for quite some time. But if protecting liberty is the primary goal of government then with passage of the 2012 National Defense Authorization Act, government has become [...]
In the Winter 2012 Independent Review, I review David Bernstein’s Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform. Here’s how it starts: Few Supreme Court cases receive more scorn in U.S. law schools than Lochner v. New York (198 U.S. 45), the 1905 decision that struck down a New York law limiting the number of [...]
The forthcoming decision in Turner v. Rogers, No. 10-10, will represent one of those rare cases in which there is the very real chance that no one will win, at least long-term. The case pits the liberty of a man unable to pay his child support payments versus the cost that states would [...]