Bradwell v. Illinois (1873)
-cemented the narrow reading of the Privileges and Immunities Cl of the 14th Amd, and determined that the right to practice a profession was not among these privileges
-Myra Bradwell wants admission to the Il. Bar
-historical argument: right to practice law is not dependent on citizenship
-doctrinal argument: Slaughterhouse cases
-(had dissented in Slaughterhouse, but concurs here)
-takes a positivist approach: women don't have national rights- spheres, divine order, etc.
-must distinguish on national law because that's what's at stake in Slaughterhouse
Chase: doesn't have an opinion because he died about a week after the Court discussed the case
*It doesn't occur to anyone to make an equal protection case. The silence on equal protection suggests a strong original understanding that equal protection does not cover gender (especially since this is before 1920 when the 19th Amendment gets ratified, giving women the vote)
"The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life... The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator."