George Will's Sept. 9 column "Ruling's rehabilitation backs individual rights over regulation" ignores a key fact: Will's claim that the Supreme Court "correctly decided Lochner" in 1905 has been rejected overwhelmingly by conservatives -- including George Will.
Indeed, the author of the book Will relies on reacted by stressing that "conservative jurists have been, if anything, even more anti-Lochner than their liberal counterparts." Libertarian professor Don Bordeaux pointed out that "conservatives -- including Chief Justice Roberts and Justice Scalia -- routinely join 'progressives' in bashing Lochner." No less a conservative icon than Robert Bork derides Lochner as being "the symbol, indeed the quintessence, of judicial usurpation of power."
Finally, as National Review commentator Matthew J. Franck explains: "This is the same George Will who in 1996 described Lochner as standing for the proposition that 'the court can overturn laws it considers unwise.'<2009>"
Glenn Sugameli, staff attorney
Judging the Environment
Defenders of Wildlife