County of Butler v. Wolf, Covid-19, and the Potential Revival of Economic Substantive Due Process

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Written By: Owen Mattox
Articles Editor, American Journal of Trial Advocacy

          Economic substantive due process, a doctrine seldom invoked since the early twentieth century, may have been thrown a lifeline in the midst of last summer’s nearly nationwide lockdown.  Simply put, the doctrine, made famous by cases like Lochner v. New York that struck down economic regulatory measures, asserted that certain unenumerated rights could be read into the Due Process clause of the Fourteenth Amendment of the Constitution, including the right to pursue economic opportunities.[1] Continue reading “County of Butler v. Wolf, Covid-19, and the Potential Revival of Economic Substantive Due Process”