Myrna Bradwell Case Study

Questions and Answers

What happened before Myrna Bradwell applied to the bar in Illinois?

Myrna Bradwell applied to the bar in Illinois following the State Statute of Illinois on Admission to the Bar.

What was the problem Myrna Bradwell faced regarding her admission?

She was denied admission after trying to get an inferior court to establish her qualifications and good character.

Why was Myrna Bradwell denied admission to the bar?

The State Supreme Court used legislative intent and common law to deny her admission, stating that only men were intended to make, apply, and execute the laws.

How did the State Supreme Court use legislative intent to deny Myrna Bradwell's admission?

The court determined that the legislature did not intend to admit women to the bar due to common law principles in effect, which stated married women could not make binding contracts. Signup and view all the answers

What did Myrna Bradwell do after being denied admission?

She appealed to the State Supreme Court. Signup and view all the answers

What was Myrna Bradwell's constitutional argument under the 14th Amendment?

Citizens of each State shall be entitled to all privileges and immunities of citizens in the several states. Signup and view all the answers

How did Myrna Bradwell apply her constitutional argument?

She argued that admission to the bar was a privilege of citizenship and that the legislature could not exclude an entire class of citizens. Signup and view all the answers

What was the State Supreme Court's decision regarding Myrna Bradwell's admission?

The court ruled that admission to the court is not a privilege of citizenship and that married women couldn't make binding contracts without their husband's consent. Signup and view all the answers

What was the impact of the State Supreme Court's ruling on women in law?

It ensured that women would not be allowed to practice law and upheld common law principles that restricted women's legal rights. Signup and view all the answers

Study Notes

Case Background

Myrna Bradwell applied for admission to the bar in Illinois, adhering to the State Statute on Admission to the Bar.
After qualifying and seeking approval for her law license, Bradwell was denied by an inferior court.

Reasons for Denial

The State Supreme Court had oversight powers to ensure justice was properly administered through the admission process.
The court could deny admission based on the perceived legislative intent behind the statute, which played a crucial role in Bradwell's case.

Legislative Intent and Gender

The legislature’s interpretation followed English common law, which traditionally recognized only men as capable of making and executing laws.
No legal precedent existed in common law for admitting women to the bar.
The doctrine of coverture meant married women, like Bradwell, lacked the ability to enter binding contracts essential for attorneys.

Appeals Process

Bradwell appealed her case to the State Supreme Court, challenging the denial of her admission.

Constitutional Argument

Bradwell's argument under the 14th Amendment claimed that all citizens are entitled to certain privileges and immunities.
Admittance to the bar was presented as a fundamental privilege of citizenship, which should not be denied to a specific class of people.

State Supreme Court Rulings

The Supreme Court concluded that while citizens have certain privileges, admission to the court is not among them.
The regulation of law licenses was determined to be a state matter, not governed by federal citizenship rights.
The court upheld common law principles that restricted married women’s ability to enter contracts without their husband’s consent.

Impact of the Decision

The ruling effectively barred women from practicing law in Illinois, reinforcing historical common law principles.
It established that citizenship does not guarantee access to admission in legal professions, perpetuating gender-based disparities in the legal field.

Description

Explore the historical case of Myrna Bradwell, who faced denial for admission to the bar in Illinois due to prevailing gender biases in law. This quiz delves into the implications of legislative intent and common law traditions that influenced her case. Understand the broader context of women's rights and the legal barriers they confronted.