Nancy Woloch
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691002590
- eISBN:
- 9781400866366
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691002590.003.0005
- Subject:
- History, American History: 20th Century
This chapter examines Muller's aftermath in legal history through the landmark case of Adkins v. Children's Hospital (1923). In Oregon, an employer (Children's Hospital) sought an injunction against ...
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This chapter examines Muller's aftermath in legal history through the landmark case of Adkins v. Children's Hospital (1923). In Oregon, an employer (Children's Hospital) sought an injunction against the DC Minimum Wage Board to restrain it from imposing the minimum wage of $16.50 per week for women workers in hotels, hospitals, restaurants, clubs, and apartment houses. The District of Columbia Supreme Court upheld the law in June 1920, as did the DC Court of Appeals in June 1921. However, at the second hearing in November 1922, the DC Court of Appeals upset the law. In 1923, when Adkins v. Children's Hospital reached the Supreme Court, defenders of the minimum wage faced a less receptive roster of justices than they had in 1917; recent appointments made in wartime and soon after had produced a more conservative court. As such, the Supreme Court failed to sustain the District of Columbia minimum wage law by a 5–3 decision.Less
This chapter examines Muller's aftermath in legal history through the landmark case of Adkins v. Children's Hospital (1923). In Oregon, an employer (Children's Hospital) sought an injunction against the DC Minimum Wage Board to restrain it from imposing the minimum wage of $16.50 per week for women workers in hotels, hospitals, restaurants, clubs, and apartment houses. The District of Columbia Supreme Court upheld the law in June 1920, as did the DC Court of Appeals in June 1921. However, at the second hearing in November 1922, the DC Court of Appeals upset the law. In 1923, when Adkins v. Children's Hospital reached the Supreme Court, defenders of the minimum wage faced a less receptive roster of justices than they had in 1917; recent appointments made in wartime and soon after had produced a more conservative court. As such, the Supreme Court failed to sustain the District of Columbia minimum wage law by a 5–3 decision.
- Published in print:
- 2004
- Published Online:
- March 2013
- ISBN:
- 9780226428840
- eISBN:
- 9780226428864
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226428864.003.0006
- Subject:
- Political Science, American Politics
Most scholars assumed that the conservative Court would abandon liberal activism and replace it with restraint, just as they had expected when Rehnquist first joined the bench in 1972, when Reagan ...
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Most scholars assumed that the conservative Court would abandon liberal activism and replace it with restraint, just as they had expected when Rehnquist first joined the bench in 1972, when Reagan elevated Rehnquist to chief justice in 1986. After O'Connor's appointment, Reagan and his advisers were determined to nominate conservative judges who were willing and able to transform the law, but they did not have another opportunity until Chief Justice Warren Burger's retirement in 1986. The Reagan administration supplemented its judicial appointment strategy with a variety of parallel efforts to enact the New Right constitutional vision into law. Though Rehnquist and the Reagan administration helped get things started, Justice Scalia emerged as the unquestioned conservative leader on separation of powers concerns.Less
Most scholars assumed that the conservative Court would abandon liberal activism and replace it with restraint, just as they had expected when Rehnquist first joined the bench in 1972, when Reagan elevated Rehnquist to chief justice in 1986. After O'Connor's appointment, Reagan and his advisers were determined to nominate conservative judges who were willing and able to transform the law, but they did not have another opportunity until Chief Justice Warren Burger's retirement in 1986. The Reagan administration supplemented its judicial appointment strategy with a variety of parallel efforts to enact the New Right constitutional vision into law. Though Rehnquist and the Reagan administration helped get things started, Justice Scalia emerged as the unquestioned conservative leader on separation of powers concerns.
