Lochner v. New York

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1905 U.S. Supreme Court case on the freedom of contract

"Lochner" redirects here. For other uses, see Lochner (disambiguation) .

1905 United States Supreme Court case

Lochner v. New York, 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court holding that a New York State statute that prescribed maximum working hours for bakers violated the bakers' right to freedom of contract under the Fourteenth Amendment to the U.S. Constitution .[1] The decision has since been effectively overturned.[2] [3] [4]

The case began in 1899 when Joseph Lochner, a German immigrant who owned a bakery in Utica, New York , was charged with violating New York's Bakeshop Act of 1895. The Bakeshop Act had made it a crime for New York bakeries to employ bakers for more than 10 hours per day or 60 hours per week. He was convicted and ultimately appealed to the U.S. Supreme Court. A five-justice majority of the Supreme Court held that the law violated the Due Process Clause , stating that the law constituted an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract". Four dissenting justices rejected that view, and the dissent of Oliver Wendell Holmes Jr. , in particular, became one of the most famous opinions in U.S. history.[5]

Lochner is one of the most controversial decisions in the Supreme Court's history and gave the name to what is known as the Lochner era . During that time, the Supreme Court issued several decisions invalidating federal and state statutes that sought to regulate working conditions during the Progressive Era and the Great Depression . The period ended with _West Coast Hotel Co. v. Parrish _ (1937), in which the Supreme Court upheld the constitutionality of minimum wage legislation enacted by Washington State .[6]

Background

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In 1895, the New York State Legislature passed a law called the "Bakeshop Act" that made it a crime for any bakery in New York to employ a worker for more than 10 hours per day or more than 60 hours per week. Four years later, in 1899, New York authorities indicted Joseph Lochner, a German immigrant who owned a bakery in Utica, New York , on a charge of violating the Bakeshop Act by permitting an employee to work more than 60 hours in one week. Unlike other bakeries, which used two separate shifts for evening and morning work, Lochner's bakery employed only a single crew of bakers. His bakers would arrive in the evening and prepare the bread dough, then sleep for several hours in an on-site dormitory before waking up in the early morning and baking the loaves of bread. Lochner counted the time his bakers spent sleeping in the dormitory as working hours and paid them for it.[7]

At Lochner's trial, his lawyer argued that the right to contract freely to be one of the rights encompassed by substantive due process . Lochner's case was argued by Henry Weismann, who had been one of the foremost advocates of the Bakeshop Act when he was Secretary of the Journeymen Bakers' Union. In his brief , Weismann decried the idea that "the treasured freedom of the individual... should be swept away under the guise of the police power of the State." He denied New York's argument that the Bakeshop Act was a necessary health measure by claiming that the "average bakery of the present day is well ventilated, comfortable both summer and winter, and always sweet smelling." Weismann's brief contained an appendix providing statistics showing that bakers' mortality rates were comparable to that of white-collar professionals.

Weismann's arguments were unsuccessful. The trial court found Lochner guilty and fined him $50 (equivalent to $1,935 in 2025). Lochner appealed to the New York Supreme Court, Appellate Division , which affirmed his conviction, then appealed to the New York Court of Appeals , which also affirmed it. He then appealed to the U.S. Supreme Court .

Supreme Court decision

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On April 17, 1905, the Supreme Court issued a 5–4 decision in favor of Lochner that struck down the New York Bakeshop Act's limits on bakers' working hours as unconstitutional.

Opinion of the Court

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Justice Rufus Peckham , the author of the majority opinion in Lochner

Five justices formed the majority and joined an opinion written by Justice Rufus Peckham . The Court began with the question of whether the protections of the Fourteenth Amendment applied to freedom of contract .[8] Citing its 1897 decision _Allgeyer v. Louisiana _, in which it had struck down a Louisiana law that banned buying shipping insurance from companies in other states on grounds that it violated the freedom to make contracts to carry out a trade or profession, the Court held that freedom of contract was a basic right covered by the protections for "life, liberty, and property" in the Fourteenth Amendment's Due Process Clause .[8]

The general right to make a contract in relation to his business is part of the liberty of the individual protected by the Fourteenth Amendment to the Federal Constitution. Under that provision, no State can deprive any person of life, liberty or property without due process of law. The right to purchase or to sell labor is part of the liberty protected by this amendment unless there are circumstances which exclude the right.

— Lochner, 198 U.S. at 53 (citation omitted).[9]

The Court explained that by "circumstances which exclude the right", it meant when a state passed a law under the "police power "—the inherent authority of U.S. state governments to pass laws governing "health , safety, and morals ".[8] The Court said that because the Due Process Clause protected freedom of contract, state laws could only interfere with it if they were valid exercises of the police power.[8] To guarantee this freedom, the Court said American courts had to scrutinize state laws regulating economic freedom, such as New York's bakery law, to ensure they served valid police-power purposes.[10]

Applying these legal principles to the facts of the case, the Court first determined that the job of a baker was not dangerous enough to need special government protection.[10] The Court distinguished New York's law for bakers from a Utah law for miners the Court had upheld against a Due Process challenge in its 1898 decision _Holden v. Hardy _, saying that, unlike mining, baking was not an unusually dangerous activity.[11] The Court also determined that the Bakeshop Act had no relation to public health. Reasoning that the New York Legislature could not rationally have enacted the law for health reasons, the Court concluded that the Act was really a "labor law" that could not be justified under the police power.[12] [13]

Clean and wholesome bread does not depend upon whether the baker works but ten hours per d

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