Lochner / classical-liberal tradition
economic substantive due process, 1897–1937
Lochner's framework — economic liberty of contract, hostility to state-imposed minimum-wage and maximum-hours rules, and a strong property-rights baseline — translates in 2026 as low-tax/light-regulation governance. Abbott aligns well: the $18B property-tax cut, 25% franchise-tax reduction, R&D credit refundability, the business personal-property exemption increase, and refusal to mandate paid leave or raise the Texas minimum wage above the federal $7.25 all run with Lochner-era logic. Hinojosa runs against this frame on minimum wage (supports raising it) and on her advocacy for taxing 'billionaires and corporations' but earns Lochner-style credit on the public-benefit-corporation framework (extending corporate-form options rather than restricting them). Abbott is the substantially closer Lochner fit; Hinojosa picks up only thin credit.
Sources
- Patrick Svitek, 'Gov. Greg Abbott signs $18 billion property tax cut into law,' Texas Tribune, July 22, 2023. (full list)
- Office of the Governor, 'Governor Abbott signs laws to bolster Texas small businesses.' (full list)
- Texas Legislature Online, HB 3488 (85R, 2017), Gina Hinojosa author — creating Texas Public Benefit Corporations. (full list)
- Fox 26 Houston, Gina Hinojosa interview discussing the Texas minimum wage, raising the federal floor, and small-business posture. (full list)
- Lochner / classical-liberal substantive due process tradition (1897-1937). (full list)