In the seminal 1905 case Lochner v. New York, the Supreme Court struck down a New York law limiting bakers’ working hours. The Court ruled that the Due Process Clause of the Fourteenth Amendment protects a right to freedom of contract, and the law limiting bakers’ hours violated that right. Two years later, a practically identical case arising out of Oregon came before the Court, but this time concerning laundry workers. The Supreme Court upheld Oregon’s regulation and found it did not violate the laundry workers’ right to contract. The only difference between the two cases: the bakers were men and the laundry workers were women. Part I of this Essay reviews the decision in Lochner v. New York. Part II evaluates the Muller v. Oregon case, its background, the Brandeis Brief, and the decision. Finally, in Part III, this essay looks at the lasting implications of the Muller v. Oregon decision.

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