...working conditions of women was a legitimate form of legal protectionism, Justice Brewer openly declared: "Differentiated by these matters from the other sex,...not necessary for men and could not be sustained. "49 The Court's singling out of women as a class in need of protective labor legislation was, in many...

...needing especial care that her rights may be preserved. . . . Differentiated by these matters trom the other sex, she is properly placed in a class by...not necessary for men, and could not be sustained." Muller v Oregon 208 US 412. Maximum-hour legislation could not be easily enforced, however, if women...

...justified women's hour restriction. The Court agreed unanimously. The female, concluded the majority, "is properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." The husbandry of motherhood and women's reproductive capacity were of critical importance to the Court:...

...woman has always been dependent upon man. . . . she is not an equal competitor with her brother. . . . Differentiated by these matters from the other sex,...legislation designed for her protection may be sustained. . . . The two sexes differ in structure of body, in the functions to be performed by each, in the amount...

...and attention.37 . . . History discloses the fact that woman has always been dependent on man . . . Differentiated by these matters from the other sex,...she is properly placed in a class by herself, and sustained even when like legislation is not necessary for men and could not be sustained. It is impossible...

...statutes addressing women's work, the laborer herself was the significant factor. The justices explained, "Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained" (Muller v. Oregon, 422). Here and in its explicit statement that its decision in no way raised questions...

...the viewpoint of the effort to maintain an independent position in life, she is not upon an equality. Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained. It is impossible to close one's eyes to the fact that she still looks to her brother and depends upon...

...that "she is properly placed in a class by herself." Legislation "designed for her protection could be sustained even when like legislation is not necessary for men and could not be sustained." Indeed, the Court in Lochner v. New York in 1905 had rejected a New York law limiting bakery employees...

...over him, but looking at it from the viewpoint of the effort to maintain an independent position in matters from the other sex, she is properly placed...is not necessary for men and could not be sustained (Text 2). Though it may be argued that the use of "the female sex" rather than "the female" to some...

...[women's] disposition and habits of life which will operate against a full assertion of rights." Woman is "properly placed in a class by herself, and legislation...not necessary for men and could not be sustained" (cited in Hill, "Protection of Women Workers," 253). 6. I am hesitant to be more absolute on this point...