Lochner v. New York · ¶50

General, propositions do not decide concrete cases. The decision" will depend on a judgment or intuition more subtle than any articulate major premise. But I think that the proposition just stated, if it is accepted, will carry us far toward the end. Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment.is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that-a rational and fair man’ necessarily would admit that the statute proposed would infringe fundamental- principles.as they have been understood by the traditions of our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon the statute before us. A reasonable man might think it a proper measure on the score of health. Men whom I certainly could not pronounce unreasonable would uphold it…

U. S. Reports, bound volume
U. S. Reports, volume 198, at 45 (Library of Congress) · transcription: Caselaw Access Project
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