The Supreme Court ’s 150‐​year Mistake

Anastasia P. Boden and Matthew D. MitchellOn April 15th, Americans should be thinking about Myra Bradwell.On this day 150 years ago, the U.S. Supreme Court shut Mrs. Bradwell out of a job when eight justices ruled that she, as a woman, lacked a constitutional right to earn a living in the profession of her choice.Though the Supreme Court has come a long way in protecting equality before the law, it still refuses to protect the right to earn a living —and theBradwell case has never been overturned. The opinion illustrates the value of economic freedom, the often-discriminatory way it is denied, and the tragic consequences of ignoring the Constitution ' s guarantees.Like many lawyers at the time, Bradwell learned law as an apprentice —conducting legal research and writing for her husband, Judge James Bradwell.She later became a successful legal entrepreneur. In 1868, Myra became the first woman to edit a nationally circulated legal publication, theChicago Legal News. To run it, she had to ask the state legislature for a special charter that allowed her to own and operate a business as a married woman —something Illinois did not normally permit.TheLegal News published court opinions and legislation and offered witty commentary. Ever critical of inequalities in the law, Myra acerbically noted in one article that if courts were to be bound by outmoded practices, then all American lawyers should wear wigs to court.In 1869, she became the first woman to pass the Illinois bar e...

Source: Cato-at-liberty - April 14, 2023 Category: American Health Authors: Anastasia P. Boden, Matthew D. Mitchell Source Type: blogs