The Role of Government in the Free Market

MR. SANDEFUR: I’d like to briefly explain the law of economic liberty, and why this is an important area that really deserves much more judicial certainty and judicial protection than it has today. When you talk about economic liberty and the law, the big case is Lochner v. New York. Lochner was rightly decided, and it ought to be revived today. The reasons why are a little bit complicated for such a brief presentation, but I’ll do my best.