"That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her... As healthy mothers are essential to vigorous offspring, the physical well-being of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race. Hence the limitations which this statute places upon her contractual powers... are not imposed solely for her benefit, but also largely for the benefit of all." — Justice Brewer, Muller v. Oregon (1908)
The reasoning in this opinion contrasts most sharply with that of
- A
Plessy v. Ferguson (1896), which upheld racial segregation
- B
Northern Securities v. United States (1904), breaking up a railroad trust
- C
Pollock v. Farmers' Loan (1895), invalidating the income tax
- Dcheck_circle
Lochner v. New York (1905), which struck down maximum-hours laws for bakers
Explanation
Lochner used liberty-of-contract to strike down a state hours law, while Muller upheld one—using the gendered Brandeis brief's sociological data to distinguish women workers.