Muller v. Oregon (1908)

Question 1

Muller v. Oregon (1908)
Facts

Answer 1

Muller (owned a laundry) challenged a max work hours law for women
“Brandeis brief”

Question 2

Muller v. Oregon (1908)
Issue

Answer 2

Does the Oregon law, setting max work hours for women only, violate the liberty of contract protected by the 14th due process clause?

Question 3

Muller v. Oregon (1908)
Ruling

Answer 3

No

Question 4

Muller v. Oregon (1908)
Majority (Unanimous - Brewer)

Answer 4

Lochner: right to contract
90+ reports effects on women’s “special physical organization”
Dangers:
physical organizations, maternal functions, rearing children, maintaining the home
regulate conditions - “she should be permitted to toil”
protecting arm of state
human race impact (she is mother)
“…women has always been dependent upon man”
properly placed in a class by herself
legislation for her protection sustained even when like legislation for men could not be sustained