Waiting for Fitzgerald

[Mmmm, Burger (C.J.)]

Originally posted by Captain
I think someone defending Lochner might also be willing to interpret the contracts clause in a pre-1950s manner. I believe the first decision that made clear the contracts clause was focused on ex post changes was Ogden v. Saunders, after the New Deal changes in outlook.

That would be a better argument if Ogden had been decided in 1937, not 1827