Adkins v. Children's Hospital (1923)

Question 1

Adkins v. Children’s Hospital (1923)
Facts

Answer 1

Minimum wage in DC for women and children
To “keep women in good health + protect their morals”

Question 2

Adkins v. Children’s Hospital (1923)
Issue

Answer 2

Does the DC law, setting a min wage for women, violate 5th amendment due process clause?

Question 3

Adkins v. Children’s Hospital (1923)
Ruling

Answer 3

Yes

Question 4

Adkins v. Children’s Hospital (1923)
Majority (Sutherland)

Answer 4

Lochner
No absolute freedom of contract
Women need max work hours
BUT legally capable of negotiating pay (19th amendment)
Morality?
Employers’ ability to pay?
Arbitrary

Question 5

Adkins v. Children’s Hospital (1923)
Dissenting (Taft)

Answer 5

Employers + employees not equal
Evils of “sweat shops”
Bunting – silently overruled Lochner
Low wages harmful
19th amendment did not change physical limits of women

Question 6

Adkins v. Children’s Hospital (1923)
Dissenting (Holmes)

Answer 6

Reasonable
No liberty of contract in Constitution
No difference than max hours
More than 19th amendment needed to justify
Valid police power