Lochner and the Anti-Canon:
In his post below, David makes a very interesting claim:
Siegan's influence is an important reason that Lochner is gradually losing its place in the constitutional law "anti-canon;" who would have believed pre-Siegan that leading liberal scholars such as Bruce Ackerman, Owen Fiss, Walter Dellinger, and others would express at least tepid regard for the Court's decision in Lochner (even if they think that it either went too far, or quickly became anachronistic in its principles)?Maybe I'm just missing the boat, but it doesn't seem right to me that Lochner is "gradually losing its place in the constitutional law anti-canon." My sense is that some elite scholars are less harsh in their condemnation of Lochner today than were elite scholars a few decades ago, for reasons that David has written about at length in a number of very interesting articles. But does anyone think that Lochner was actually correct?