Given that overruling Lochner lead to states actually being able to enact minimum wage laws I think the trade-off was worth it. To reference a separate issue c

Given that overruling Lochner lead to states actually being able to enact minimum wage laws I think the trade-off was worth it. To reference a separate issue currently trending on HN -- were we still living in the "freedom to contract" era, there would be no way that states could ban non-compete agreements. At base, the problem inherent in the "freedom to contract" ideal is that in many situations the parties to a contract are not equal in bargaining power, and perverse results happen as a result of ignoring that reality.