Justice confirmed in 1895 gets new publicity as a result of Garland nomination fight
The last time a Republican-controlled Senate confirmed a justice nominated by a Democratic president was in 1895.
The justice is Rufus Peckham. As a result of the confirmation fight over Supreme Court nominee Merrick Garland, Peckham is being rescued from obscurity, the New York Times reports.
Democratic-controlled Senates, on the other hand, have approved 13 Supreme Court nominees by Republican presidents since 1895.
Peckham is best known for writing the Lochner v. New York decision that struck down a New York law limiting bakers’ work time to 60 hours a week, finding the law was an unconstitutional infringement on the freedom to contract. The decision was disavowed, though some conservatives suggest the case could be re-examined as a way to protect economic rights.
