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The Fuller Court (1888–1910)

Labor

CourtSpeak: Muller v. Oregon Women’s Working Hours Case (1908)

Justice David Brewer (majority): “The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long continued labor, particularly when done standing, the influence of various health upon the future well-being of the race, the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence. This difference justifies a difference in legislation, and upholds that which is designed to compensate for some of the burdens which rest upon her.”



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