In the 1923 case Radice v. People of the State of New York, Josephine Radice was convicted for violating a New York labor law that prohibited women from working in restaurants between midnight and 6 AM. She appealed to the Supreme Court arguing that this law violated her Fourteenth Amendment rights by discriminating against her based on sex. The court upheld her conviction, ruling that states have broad powers to regulate businesses within their borders and protect public health and safety. They found no violation of equal protection under the Fourteenth Amendment because they believed there were valid reasons for treating men and women differently in terms of late-night work hours due to potential dangers specific to women during those times.

In the dissenting opinion for Radice v. People of the State of New York, Justice Oliver Wendell Holmes Jr. argued that the law in question, which prohibited women from working at night in restaurants located within cities with a population over 1 million people, was not unconstitutional under the Fourteenth Amendment's Equal Protection Clause. He maintained that it was reasonable for lawmakers to conclude that such work could be harmful to women's health and safety due to potential exposure to immoral influences and dangers late at night. Therefore, he believed this protective legislation did not violate equal protection rights but rather served as an appropriate exercise of police power aimed at protecting public welfare by safeguarding women’s health and morals against recognized risks associated with nighttime employment in large cities.