Below you will find pages that utilize the taxonomy term “Substantive Due Process”
Lochner v. New York
Lochner v. New York (1905)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
New York passed a law limiting bakers to 60 hours of work per week. Joseph Lochner challenged the law, and the Supreme Court struck it down, ruling that it interfered with the “liberty of contract” protected by the 14th Amendment’s Due Process Clause.
3) Why It Mattered
This case became the hallmark of the Lochner era, when the Court frequently invalidated social and economic regulations in the name of economic liberty.
Meyer v. Nebraska
Meyer v. Nebraska (1923)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Nebraska made it illegal to teach modern foreign languages to young children. A teacher (Meyer) was convicted for teaching German. The Supreme Court struck down the law, holding that the 14th Amendment’s Due Process Clause protects a broad “liberty” interest, including parents’ right to direct their children’s education and teachers’ right to teach.
Pierce v. Society of Sisters
Pierce v. Society of Sisters (1925)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Oregon passed a law requiring all children to attend public schools, effectively banning private and parochial schools. The Society of Sisters, which ran Catholic schools, challenged the law. The Supreme Court struck it down, ruling that the 14th Amendment’s Due Process Clause protects parents’ right to direct their children’s education and to choose private or religious schools.
West Coast Hotel v. Parrish
West Coast Hotel v. Parrish (1937)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Elsie Parrish, a hotel chambermaid, sued for back wages under Washington State’s minimum wage law for women. The hotel argued the law violated “freedom of contract.” The Supreme Court upheld the minimum wage law, rejecting the Lochner-era doctrine that struck down economic regulations.
3) Why It Mattered
This case marked the end of the Lochner era. The Court shifted toward deference to legislatures on economic and social regulation, opening the door for New Deal reforms.
Troxel v. Granville
Troxel v. Granville (2000)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
A Washington law allowed any third party to petition for child visitation rights at any time, and courts could grant visitation if it was in the child’s best interest. The mother, Granville, objected to broad visitation for her child’s grandparents. The Supreme Court struck down the law as applied, holding that the 14th Amendment’s Due Process Clause protects the fundamental right of parents to direct the upbringing of their children.