Friday, October 31, 2003


The Right Christians discusses a Volokher's defense of the Lochner legacy. This is a bit of judicial history I know nothing about, but it's reminiscent of the states' rights Calvinball we've gotten recently. Don't like what the federal government does - say it's a power reserved to the states. Don't like what a state does - declare it unconsitutional or superseded by federal law.