Today in Supreme Court History

Today in Supreme Court History: April 9, 1923

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4/9/1923: Adkins v. Children's Hospital decided.

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  1. I wonder if the Notorious RBG would have concurred with the majority opinion of Justice Sutherland –

    “But the ancient inequality of the sexes, otherwise than physical, as suggested in the Muller case (p. 421) has continued “with diminishing intensity.” In view of the great — not to say revolutionary — changes which have taken place since that utterance, in the contractual, political and civil status of women, culminating in the Nineteenth Amendment, it is not unreasonable to say that these differences have now come almost, if not quite, to the vanishing point.”

    …or with the dissent of Taft –

    “Without, however, expressing an opinion that a minimum wage limitation can be enacted for adult men, it is enough to say that the case before us involves only the application of the minimum wage to women.”

    or with the dissent of Holmes –

    “It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account.”

    1. I agree for a different reason — in a time when men’s wages more supported families than women’s wages did, why the move wasn’t to establish a minimum wage for MEN.

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