Readings:
Cushman, SCD, 16-28
Minow, “Different Beginnings: Making All the Difference”
Muller v Oregon (1908)
Should policy protect women?
Muller v Oregon (1908) makes the most clear case for protecting women as a result of their difference. The unstated policy behind the decision in Muller is that women are different from men and that women are incapable of making decisions for themselves about their bodies, their abilities, their priorities and necessities.
Only three years before the decision in Muller, a New York baker won a decision that allowed him to negotiate with his employer to work as many hours as he chose. In Lochner v New York (1905) the Supreme Court upheld the right of an individual to contract for his own labor. Clearly, the female laundry workers in Oregon did not have that right. (Cushman, 18)
Name and discuss two of the social norms behind the Supreme Court decision in Muller. Use Cushman and Minnow in your discussion. Post by Tuesday night.Then respond or ask a question of one of your classmates who has described a different norm from yours by Wednesday night.
Remember–if you are asked a question, you must respond
Should policy protect women?
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