what lawyer helped defend in the supreme court case muller v oregon

by Ms. Vesta Langworth 4 min read

Muller's attorney for the appeal was William Fenton, an opponent of state intervention in the economy. In making his case, Fenton stressed that women, as citizens, deserved the same rights and privileges as other citizens—and that meant the freedom to make their own bargains and to contract freely.Mar 16, 2022

What was the Supreme Court case Muller v Oregon?

Supreme Court of Oregon affirmed. U.S. Const. amend. XIV; 1903 Or. Laws p. 148 Muller v. Oregon, 208 U.S. 412 (1908), was a landmark decision by the United States Supreme Court.

Who was the lawyer for Muller in the Muller v Nixon case?

A local judge fined Muller, who appealed the decision, putting the case on the path that would lead to the U.S. Supreme Court. Muller’s attorney for the appeal was William Fenton, an opponent of state intervention in the economy.

Why did Curt Muller sue the Oregon State Police?

According to Muller, the state had inherited police power to interfere with property and labor contract, in order to protect health and safety of its citizens. On September 18, 1905 a complaint was filed at the State of Oregon Circuit Court against Curt Muller, owner of Grand Laundry.

Why did Curt Muller appeal his conviction?

He was charged with violating the law by allowing a woman at his laundry forced to work more than 10 hours in a given work day. After being convicted and charged with a $10 fine, Curt Muller appealed to the Oregon Supreme Court. Muller claimed that the charges violated his right to freely contract under the US Constitution.

Who was the defendant in Muller v. Oregon?

Curt MullerCurt Muller, the owner of a laundry business, was convicted of violating Oregon labor laws by making a female employee work more than ten hours in a single day. Muller was fined $10.

Who was involved in the Muller vs Oregon case?

In this case, Curt Muller owned a laundry business. On September 4, 1905, he required a female employee to work more than ten hours in a single day. This conflicted with an Oregon law that allowed for a maximum of ten hour workdays for women who worked in mechanical establishments, factories, and laundries.

What overturned Muller v. Oregon?

After Muller, many states passed wages and hours laws and other statutes regulating the conditions of work. However, in 1923, the Supreme Court ruled this legislation was unconstitutional in Adkins v. Children's Hospital. Then the Great Depression of the 1930s forced the Court to reverse its decision.

What did Louis Brandeis do in Muller v. Oregon?

In 1907, Florence Kelley and Josephine Goldmark hired Louis D. Brandeis to represent the state of Oregon in Muller v. Oregon (208 US 412), a case before the US Supreme Court that involved the constitutionality of limiting hours for female laundry workers.

Who wrote the opinion in Muller v. Oregon?

Justice David BrewerJustice David Brewer wrote the majority opinion. In his that no women could not work more than 10 hours a day in factories and laundry.

What did the Supreme Court decide in Muller v. Oregon quizlet?

Terms in this set (4) A supreme court case decided in 1908 that pertained to the working hours of women. The court ruled in favor of Oregon, that these restrictions were legal under the state laws to protect women's health.

Who was president during the Muller v. Oregon?

President Benjamin Harrison(1837-1910): Brewer, an associate justice of the U.S. Supreme Court (1889-1910), was appointed to the High Court bench by President Benjamin Harrison. He delivered the unanimous opinion in the Muller v. State of Oregon case.

Do you agree with the Supreme Court's decision in Muller?

Do you agree with the Supreme Court's decision in Muller? Give reasons for your answer? Yes, Muller broke the law that was in place. Why was the Espionage Act passed?

What was the significance of Muller v. Oregon?

Oregon, 208 U.S. 412 (1908), was a landmark decision by the United States Supreme Court. Women were provided by state mandate lesser work-hours than allotted to men. The posed question was whether women's liberty to negotiate a contract with an employer should be equal to a man's.

How much was Muller fined?

Muller was fined $10. Muller appealed to the Oregon Supreme Court and then to the U.S. Supreme Court, both of which upheld the constitutionality of the labor law and affirmed his conviction.

Which amendment was the Oregon limit on working hours?

Holding. Oregon's limit on the working hours of women was constitutional under the Fourteenth Amendment , as it was justified by the strong state interest in protecting women's health. Supreme Court of Oregon affirmed. Court membership. Chief Justice.

Who argued the Goldmark case?

Her brother-in-law, the future Supreme Court Justice Louis D. Brandeis, argued the case in the U.S. Supreme Court. Goldmark and Brandeis's innovation would come to be known as a " Brandeis Brief ," and many others would later be modeled on it.".

Is the Oregon maximum hours law unconstitutional?

The State of Oregon. Appellant's claim: Oregon's 1903 maximum hours law is unconstitutional. Oregon's limit on the working hours of women was constitutional under the Fourteenth Amendment, as it was justified by the strong state interest in protecting women's health. Supreme Court of Oregon affirmed.

What did the Court decide in Muller v. Oregon?

The decision in Muller v. Oregon resulted in other state laws related to wages, work hours, and work conditions.

What was the primary tabs in Muller v. Oregon?

Oregon (1908) Primary tabs. Muller v. Oregon (1908) is a U.S. Supreme Court case in which the Court considered whether a state could limit the amount of hours a woman could work while not also limiting the hours of men. In this case, Curt Muller owned a laundry business.

Which court affirmed the Oregon Supreme Court decision?

Muller appealed to the Oregon Supreme Court, who affirmed the decision. On writ of error, the U.S. Supreme Court heard the case and considered whether the Oregon law violated the Due Process Clause of the Fourteenth Amendment.

How many hours did the Oregon state law require women to work?

On September 4, 1905, he required a female employee to work more than ten hours in a single day. This conflicted with an Oregon law that allowed for a maximum of ten hour workdays for women who worked in mechanical establishments, factories, and laundries.

What was the significance of Muller v. Oregon?

Muller v. Oregon, one of the most important U.S. Supreme Court cases of the Progressive Era , upheld an Oregon law limiting the workday for female wage earners to ten hours. The case established a precedent in 1908 to expand the reach of state activity into the realm of protective labor legislation.

Who was the attorney for the case of Muller v. State?

Supreme Court. Muller’s attorney for the appeal was William Fenton, an opponent of state intervention in the economy.

What was the Lochner decision?

Most notably, in the Lochner decision of 1905, the Court had ruled unconstitutional a New York law that had limited the hours of employment bakeries could impose on their workers, all of whom were male, on the grounds that it was an unhealthful profession.

Who wrote the defense brief in the Muller case?

Kelley sought out attorney Louis Brandeis to write the defense brief in the Muller case. His use of social scientific research to argue that women were adversely affected by long hours of labor was an attempt to get around the Lochner decision.

Who said the state has no right to lay any disability upon women?

While the argument aimed to prevent the state from gaining any right to regulate economic activity, it also expressed the sentiment of many feminists of the era, including Clara Colby , the editor of the Portland -based Woman’s Tribune: “The state has no right to lay any disability upon woman as an individual.”.

Why did the Supreme Court uphold the Muller v. Oregon case?

The Court upheld the lower court’s decision because women are uniquely qualified to fulfill these roles, and it was established that the natural order of society was for women to depend on men to work the long hours. Muller v. Oregon Case Brief.

What was the case of Muller v. Oregon?

Oregon, Supreme Court of the United States, (1908) Case summary for Muller v. Oregon: An Oregon state law restricted a women’s working hours to ten per day. After being convicted of requiring a woman to violate the statute, Muller, a laundry business owner, challenged the constitutionality of the statute. The state courts continued to find ...

What was the law in Oregon that allowed women to work more than 10 hours a day?

Statement of the facts: Oregon’s legislature passed a law which limited the working hours of female employees. Under the law passed in 1903, a woman could not work more than ten hours a day. Mr. Curt Muller was convicted of violating the statute when he required a woman to work over the limit at his laundry facility.

Background of the Case

During the late 1800s and early 1900s, life in America shifted from a largely rural style of living where most Americans lived and worked on farms or ranches to an increasingly urban lifestyle where most Americans lived and worked in industrial cities.

The Decision

Brandeis wrote a unique legal brief, which later became known as the Brandeis brief, in which there were only two pages of legal arguments followed by over one hundred pages of statistics and expert opinions from social scientists who argued that women were psychically, mentally, and emotionally unable to work for more than ten hours at a time.

Legacy of the Case

Today, the decision in Muller v. Oregon is viewed with mixed results. The notion that workers must be protected from their employers by limiting the number of hours they can be mandated to work is often seen as a positive aspect of this case.

When did Oregon limit the hours a woman can work?

In 1903, Oregon passed a statute limiting the hours a woman can work to just 10 hours if she was employed in a laundry, factory or mechanical manufacturer. The reasoning for the law was, “the physical organization of women, her maternal functions, the rearing and education of children and the maintenance of the home.”. Issue.

What does the Supreme Court define women?

The Supreme Court of the United States (Supreme Court) defines women as a class needing protection based on the traditional concepts of a woman’s role in society. The discussion focuses heavily on the physical weakness of women and their inherent reliance on men for support.

Summary

  • Muller v. Oregon was a Supreme Court case decided on February 24, 1908. It was based on an Oregon law that was passed in 1903 that set working hours for women. The Oregon law stated that women could not work more than ten hours a day in jobs associated with factories and laundries. The statue was brought under scrutiny whe…
See more on sites.gsu.edu

Background

  • Muller v. Oregon was decided in 1908, during the Progressive Era. A time period that began around 1890 and lasted well into the 1920s. During this particular era, Americans sought out to improve worst aspects of industrialization. This included tackling issues like workers’ health, environmental hazards and labor discrimination. As a result in, many legislators created many statutes and laws that reformed labor practices, mi…
See more on sites.gsu.edu

Procedural History

  • On September 18, 1905 a complaint was filed at the State of Oregon Circuit Court against Curt Muller, owner of Grand Laundry. He was convicted of violating House Bill No. 89, a state statute which placed restrictions on the working hours of women. Muller was fined $10 for violating the state statute by requiring Mrs. Emma Gotcher to work more than 10 hours in a single day. Muller later appealed to the Oregon Supreme Court, and in 1908 (date u…
See more on sites.gsu.edu

Issues

  1. Does the statute created by Oregon violate the right to freely contract under the Constitution?
  2. Does a state regulation of working hours for women violate equal protection under the Fourteenth Amendment?
  3. Did Oregon surpass its police power by regulating the working hours of women in certain occupations?
See more on sites.gsu.edu

Majority Opinion

  • Justice David Brewer wrote the majority opinion. In his that no women could not work more than 10 hours a day in factories and laundry.Now the question was, is the state’s statute limiting the length of a woman’s workday constitutional? The court argue that the act is not in conflict with the Federal Constitution. Women are a special class of worker that needs to be protected.The statute is within the state’s police power to protect the health of t…
See more on sites.gsu.edu

Full Text of Opinion

Significance / Impact

  • The Supreme Court had ruled in favor of Oregon,and so did the majority of the country. Although it followed incredibly sexist ideals, at the time of the decision it was seen as a great triumph for a population of women across the country. Following the precedent, multiple states created new laws and statutes that regulated wages, hours, and working conditions. On the other side of the spectrum, the ruling was heavily criticized. The 9-0 decisi…
See more on sites.gsu.edu

Constitutional Provisions

  • Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction th…
See more on sites.gsu.edu

Important Precedents

  1. Allgeyer v. Louisiana (1897), 165 U. S. 578
  2. Holden v. Hardy (1898), 169 U. S. 366
  3. Lochner v. New York (1905), 198 U. S. 45.
See more on sites.gsu.edu

Overview

Muller v. Oregon, 208 U.S. 412 (1908), was a landmark decision by the United States Supreme Court. Women were provided by state mandate lesser work-hours than allotted to men. The posed question was whether women's liberty to negotiate a contract with an employer should be equal to a man's. The law did not recognize sex-based discrimination in 1908; it was unrecognized until the case of Reed v. Reed in 1971; here, the test was not under the equal protections clause, but a test based on the general police powers of the state to protect the welfare of wo…

Background

Curt Muller, the owner of a laundry business, was convicted of violating Oregon labor laws by making a female employee work more than ten hours in a single day. Muller was fined $10. Muller appealed to the Oregon Supreme Court and then to the U.S. Supreme Court, both of which upheld the constitutionality of the labor law and affirmed his conviction.
Louis Brandeis, the young attorney who used social science to argue that women workers needed special protec…

Judgment

In Justice David Josiah Brewer's unanimous opinion, the Court upheld the Oregon regulation. The Court did not overrule Lochner, but instead distinguished it on the basis of "the difference between the sexes". The child-bearing physiology and social role of women provided a strong state interest in reducing their working hours.
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. Even …

Significance of the case

Groups like the National Consumer League (which included Florence Kelley and Josephine Goldmark as feminists) and the state won shorter hours for women. However, many equal-rights feminists opposed the ruling, since it allowed laws based on stereotyped gender roles that restricted women's rights and financial Independence. While it provided protection from long hours to white women, it did not extend to women of color, food processors, agricultural workers, and women who worked in white-collar jobs. The government interest in public welfare out…

See also

• Bunting v. Oregon
• List of United States Supreme Court cases, volume 208
• Lochner v. New York, 198 U.S. 45 (1905)
• Adkins v. Children's Hospital, 261 U.S. 525 (1923)

Further reading

• Becker, Mary E. (1986). "From Muller v. Oregon to Fetal Vulnerability Policies". University of Chicago Law Review. 53 (4): 1219–1273. doi:10.2307/1599748. JSTOR 1599748.
• Bernstein, David E. (2011). Rehabilitating Lochner: Defending Individual Rights against Progressive Reform. Chapter 4. Chicago: University of Chicago Press. ISBN 0-226-04353-3

External links

• Works related to Muller v. Oregon at Wikisource
• Text of Muller v. Oregon, 208 U.S. 412 (1908) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio) This article incorporates text from this source, which is in the public domain.
• Women Working (1800-1930)