The Brandeis Brief case involved the issue of women working for long hours. Brandeis was assisted by his sister-in-law Josephine Goldmark to compile information on how long working hours affecting the “health, safety, morals, and general welfare of women. The law that the brief was challenging was Lochner v New York [1905], and it was challenged by medics, social scientists and male workers.
In Lochner v New York [1905], the judgment made indicated that limiting the working hours would violate the Fourteenth Amendment. The amendments talk about equal rights, which meant that women getting fewer hours of work than men would be unequal. In the Muller case, the application of the constitution is seen with violation of the due process, stated in the Fourteenth Amendment, as Mrs. Gotcher was prevented from contracting with her employer freely.
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In the Muller case, Brandeis argued that women were affected negatively by working for long hours. The effects noted were on their healthcare, safety, morals, and general welfare. To support his argument, Brandeis had facts collected from Columbia University and New York Public Libraries and materials which indicated facts and figures on the effects of excessive working hours. The information also revealed the benefits that would be gained from the working hours were to be reduced.
The Brandeis argument is considered important in the Supreme Court history as it explains the Fourteenth Amendment right of due process. Despite women being allowed to work for fewer hours, it does not means they should be discriminated against. If an employer does not meet all the demands made on the contract, the female employee is protected and allowed due process to fight for justice and their rights.
