[4] Lusky began his legal career as the clerk for United States Supreme Court Justice Harlan Fiske Stone.
[4] During that time he helped draft the famous "Footnote 4" of United States v. Carolene Products Co.
[5] The footnote asserts that the Supreme Court might adopt a higher level of judicial scrutiny in matters concerning noneconomic regulation, which has been applied in cases involving the protection of the integrity of the political process, particularly those involving religious, national, or racial minorities where prejudice might be operative.
During World War II Lusky served as an operations analyst for the Eighth Air Force in England and then returned to his hometown.
He was in private practice there and in New York City[6] for 16 years before joining the Columbia Law School faculty in 1963.