Muller v. Oregon

Question 1

What law did Oregon pass in 1903

Answer 1

Oregon legislature passed Session Laws 1903 –> - no female shall be employed in any mechanical establishment, or factory or laundry in this state more than ten hours during any one day
- hours of work = arranged as to permit the employment of females at any time so that they shall not work more than 10 hours during the 24 hours of any one day
violation of clause → misdemeanor → subject to a fine between 10-25 dollars

Question 2

Muller Facts

Answer 2

• curt muller ran a laundry in Oregon in 1908
• employed mrs. E Gotcher to work more than 10 hours a day
• fined 10 $

Question 3

Comparing this law to the bakeshop act

Answer 3

• Oregon law only applies to women, and there is no hours per week limit
• however, the Oregon law applies to women working in any kind of factory, or in laundries
• not limited to one type of industry, wherever women work if it is int he context of factories or laundries

Question 4

Issue

Answer 4

• whether a state law regulating work hours for women infringes on the liberty of contract and due process clause

Question 5

Holding

Answer 5

• 9-0 (breweer writing) → no, gender differences justify protective legislation regarding work hours
• privileges or immunities clause and equal protection clause drops out

Question 6

Muller’s Arguments

Answer 6

• this is class legislation → government has picked sides when it must stay neutral
• Not a valid police power regulation
  
  • laundromats are not dangerous
  • not a strong enough connection between the what the law regulates and the law’s goal of protecting women’s health

Question 7

Brandeis Brief

Answer 7

• Louis Brandeis
  
  • young lawyer, working for the national consumer’s league → progressive interest group
  • wanted to learn from Lochner’s mistake
  • Oregon farmed out its brief to him
  • he farmed it out to his sister in law Josephine Goldmark
• Goldmark scoured NYPL for a month
  
  • gathered as much information they could to the dangers that women face in the workplace
  • dangers to women’s health and safety
  • reports of factory inspectors, doctors
  • lists of laws across the world + countries that protect women in the workplace
• Brandeis brief = 2 pages of legal argument and 98 pages of social science → ALL GOLDMARK

Question 8

Answer to Mueller’s argument is presented by….

Answer 8

the Brandeis brief

Question 9

Answer to Mueller’s argument

1

Answer 9

liberty of contract is not absolute and a state may without conflicting with the provisions of the 14th amendment, restrict in many ways respects the individual’s power of contract –> This is 1 of those situations

Question 10

Answer to Mueller’s argument

2

Answer 10

• state is justified not because they think women are frail but –> - because that frailty affects the maternal functions
• healthy mothers are essential to vigorous offspring, the physical well being of a women → upmost importance = women’s maternal capabilities

Question 11

Answer to Mueller’s argument

3

Answer 11

-Inequality of bargaining power or misogyny

• “educations was long denied her, and while now the doors of the school room are opened, her opportunities for acquiring knowledge are great, yet even with that and the consequent increase of ability for business affairs it is true that in the struggle for subsistence she is not an equal competitor with her brother”
  
  • inherently unequal

Question 12

Answer to Mueller’s argument

4

Answer 12

-yes it is class legislation but its justified 
“Differentiated by these matters from the other sex, she is properly  placed  in a class by herself, and legislation  designed  for her protection  may be sustained, even  when like legislation  is not necessary for men, and could not be sustained.”