States – The Final Frontier: How State Law and State Courts Can Provide Avenues for Justice and Resist the U.S. Supreme Court’s “Lochner Lite” Anti-Employee and Anti-Consumer Agenda

Posted September 17th, 2021.

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By Jeremy Heisler, Andrew Melzer, and Kate MacMullin

A judicial specter is haunting the United States: Our nation’s Supreme Court is in a Chamber of Commerce state of mind—even as the national economy struggles to recover from the COVID-19 pandemic, with individuals and small businesses bearing the brunt of the pain. In recent decades, the Court has tilted the scales of justice against workers and consumers and in favor of powerful corporate interests. Several examples typify this trend:

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