Interpret the Evidence and Put It in Context

Document Links:

Document 19.5 Theodore Roosevelt, “On American Motherhood,” 1905

Document 19.6 William D. Fenton and Henry H. Gilfry, Brief for Plaintiff in Error, Muller v. Oregon, 1907

Document 19.7 Louis D. Brandeis, Brief for Defendant in Error, Muller v. Oregon, 1908

Document 19.8 David J. Brewer, Opinion, Muller v. Oregon, 1908

Document 19.9 Louisa Dana Haring, Letter, “Equality before the Law,” 1908

Interpret the Evidence

  1. How would Theodore Roosevelt’s ideas (Document 19.5) have fit into the arguments presented by each side in Muller (Documents 19.6 and 19.7)?

  2. How does the Brandeis brief justify the need for women’s protective legislation (Document 19.7)?

  3. What arguments do Muller’s lawyers use to challenge Brandeis’s assertions (Document 19.6)?

  4. Why does Justice Brewer write that working women need special protection of the law (Document 19.8)?

  5. Among women, who would have found Louisa Dana Haring’s letter most appealing (Document 19.9)?

  6. Comparing these documents, do you think women can be considered equal under the law and still claim special protection?

Put It in Context

How do the arguments for women’s suffrage compare with that of limiting working hours for women?

How did women influence the battle for progressive reform?

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