Rise and Fall of (Economic) Substantive Due Process

The case of Lochner v. New York (1905) is remembered as a paradigmatic example of economic substantive due process, where the Supreme Court asks whether state economic regulations are unreasonable deprivations of liberty or property in violation of the Fourteenth Amendment's Due Process Clause. With the case of West Coast Hotel v. Parrish (1937), the Supreme Court had turned away from this approach to Due Process and signaled its future deference to legislative majorities in cases involving economic regulations.