...Amendment, Sociology, Spencer (Herbert) Justice David Brewer Mutter v. Oregon, 208 US 412, 421 (1908) That woman's physical structure and the performance...testimony of the medical fraternity continuance for a long rime on her feet at work, repeating this from day to day, tends to injurious effects upon the body,...

...emphasized biological differences between the sexes, not the differences that flowed from social inequality: "That woman's physical structure and the performance...disadvantage in the struggle for subsistence is obvious. . . . [CJontinuance for a long time on her feet at work, repeating this from day to day, tends to injurious...

...had upheld a maximum-hours statute for women three years after it struck down one for men, finding that "woman's physical structure and the performance...at a disadvantage in the struggle for subsistence." 35 This 1908 decision was overruled in 1923 by a 5-to-3 vote in Adkins. Now that Parrish overruled...

...increased risks women faced in childbirth. The Supreme Court agreed, concluding in Muller v. Oregon that a "woman's physical structure and the performance of...at a disadvantage in the struggle for subsistence. . . . This is especially true when the burdens of motherhood are upon her." More significant, the Court...

...capacitated men in Lochner and Adair, protecting women was in the public interest because of "the fact that woman's physical structure and the performance...of maternal functions place her at a disadvantage." Citizen Louis Brandeis's 100-page brief in Muller (1908) contained almost no legal argument. Rather,...

...the court in the Lochner Case.1 The highest court sustained the validity of the law upon the ground that woman's physical structure and the performance...of maternal functions place her at a disadvantage which justifies the exercise of the police power for the protection of public health. In the decision...

...mentioned Brandéis and the "very copious collection" of data he had filed. The Court acknowledged that "woman's physical structure and the performance...at a disadvantage in the struggle for subsistence." Long hours of work took a toll on a woman, "and as healthy mothers are essential to vigorous offspring,...

...only by logic, chopping and a blend of Edwardian,era Darwinian assumptions, paternalism, and eugenics. "Woman's physical structure and the performance of...at a disadvantage in the struggle for subsistence." Women need "especial care" by the courts because "in the struggle for subsistence she is not an equal...

...general knowledge." The particular aspect of "general knowledge" referred to by Brewer was that "women's physical structure and the performance of maternal...functions place her at a disadvantage in the struggle for existence." The Muller decision, and especially Brandeis's strategy, received widespread praise in...

...reasoned, "It is known to all men (and what we know as men we cannot profess to be ignorant of as judges) that woman's physical structure and the performance of maternal functions place her at a great disadvantage in the battle of life" (Ritchie v. Way man, 520-21). Unlike the statutes involving...