Posted: 6/28/2015
Trigger
Almost finished reading Chief Justice Roberts dissent in Obergefell V. Hodges. Soon I will release a blog post on my analysis of this decision.
One Litmus Test Should Be Lochner v. New York
I do not know whether John Roberts was grilled during his confirmation hearing about this seminal decision or not. I also do not have time to research this.
It is very clear from his arguments in the above dissent that he has a very twisted and misguided understanding of Lochner v. New York. He further disparages the so called Lochner era. His arguments in the above dissent to support his dissent related to Lochner are weird at best.
Given his ideological or biased understanding of Lochner it is perhaps no surprise that he twice supported an unconstitutional decision regarding the Affordable Care Act (Obama Care).
The Chief Justice does not get it that Lochner was primarily about private property, individual liberty and freedom of contract! He also does not get it that in the so called post Lochner era, the U.S. Supreme Court violated increasingly and pervasively private property, individual liberty, and freedom of contract.
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