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In 1895, the US Supreme Court in In re Debs affirmed an injunction, based on the Sherman Act, against the striking workers of the Pullman Company. The strike leader Eugene Debs was put in prison.[26] In notable dissent among the judiciary, Holmes J argued in Vegelahn v Guntner that any union taking collective action in good faith was lawful: even if strikes caused economic loss, this was equally legitimate as economic loss from corporations competing with one another.[27] Holmes J was elevated to the US Supreme Court, but was again in a minority on labor rights. In 1905, Lochner v New York held that New York limiting bakers' working day to 60 hours a week violated employers' "freedom of contract".

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