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Bradwell v. The State Of Illinois

• 1872 • 83 U.S. 130 • Chase Court
In Bradwell v. The State of Illinois, the Supreme Court of the United States was asked to decide whether the state of Illinois had the right to deny Myra Bradwell a license to practice law. Bradwell had applied for a license to practice law in the state of Illinois, but her application was denied on the grounds that she was a married woman. The Supreme Court held that the state of Illinois had the right to deny Bradwell a license to practice law. The Court reasoned that the state had the right...Open Case
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Chief Chase Court
Term: 1872
83 U.S. 130
21 L. Ed. 442
1872 U.S. LEXIS 1140
Argued: Jan 18, 1872

Bradwell v. The State Of Illinois

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Opinion Summary
AI Abstract

In Bradwell v. The State of Illinois, the Supreme Court of the United States was asked to decide whether the state of Illinois had the right to deny Myra Bradwell a license to practice law. Bradwell had applied for a license to practice law in the state of Illinois, but her application was denied on the grounds that she was a married woman. The Supreme Court held that the state of Illinois had the right to deny Bradwell a license to practice law. The Court reasoned that the state had the right to regulate the practice of law, and that it was within the state's power to deny a license to someone who did not meet the qualifications set by the state. The Court also noted that the state had the right to deny a license to someone based on their gender. The decision in Bradwell v. The State of Illinois was a major setback for women's rights in the United States. The decision established that states had the right to deny women the right to practice certain professions, and it set a precedent that would be used to deny women other rights in the future. The decision was eventually overturned in the 1970s, but it had a lasting impact on the rights of women in the United States.

Dissent Summary
AI Abstract

In the case of Bradwell v. The State of Illinois, Justice Bradley delivered a dissenting opinion in which he argued that the Fourteenth Amendment did not grant women any special privileges or rights beyond those already granted to them by their respective states. He further stated that while it was true that all citizens were equal before the law, this did not mean they had an absolute right to do whatever they wanted; rather, each state could decide for itself what rights and privileges its citizens should have. In particular, he noted that many states had laws restricting certain professions from being practiced by women and argued these restrictions were within the scope of a state's authority over its own affairs. Ultimately, Justice Bradley concluded his dissent with an argument against using federal power to override such decisions made at a local level as it would be tantamount to usurping state sovereignty.

Opinion written by Justice SFMiller
Decided: Apr 15, 1873
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