"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)
Louis Brandeis's brief in this case was historically innovative because it
- Acheck_circle
relied heavily on social-science data rather than legal precedent
- B
cited only English common law authorities
- C
asserted a constitutional right to motherhood
- D
argued for absolute freedom of contract
Explanation
The "Brandeis brief" pioneered using empirical evidence—medical and sociological studies—to inform constitutional interpretation, a technique that influenced 20th-century jurisprudence.