Fourteenth Amendment Occupational liberty case

[Scarberry, Mark]

Maybe Morey v. Doud, 354 US 457 (1957) (the American Express money orders equal protection case), overruled by New Orleans v. Dukes, 427 US 297 (1976)? But Morey was not an unenumerated rights case.

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From: conlawprof-bounces at lists.ucla.edu on behalf of David Bernstein
Sent: Fri 10/9/2009 8:40 PM
To: Conlawprof at lists.ucla.edu
Subject: Fourteenth Amendment Occupational liberty case



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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