Fourteenth Amendment Occupational liberty case

David Bernstein DavidEBernstein at aol.com
Fri Oct 9 12:40:16 PDT 2009


I seem to vaguely recall that there was one case in the 1940s in which the
Supreme Court used the 14th Amendment, I forget which clause, to invalidate
a state economic regulation, but that the Court reversed itself just a few
years later, and that this was basically the only case between West Coast
Hotel and Griswold to enforce an unenumerated right (with the exception of
Bolling v. Sharpe, which, as I have argued, ultimately rests on a
"substantive due process" argument).  I can't seem to find a reference
however.  Any suggestions?

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