Bradwell v. Illinois (1873) is the 21st landmark Supreme Court case, the second case in the Politics, Society, Freedom, and Equality module, featured in the KTB Prep American Government and Civics Series designed to acquaint users with the origins, concepts, organizations, and policies of the United States government and political system. The goal is greater familiarization with the rights and obligations of citizenship at the local, state, national, and global levels and the history of our nation as a democracy. While there is overlap, these landmark cases are separated into cases addressing:

• Courts
• Foreign Policy
• Family
• Technology
• Environment
• Public Safety
• Religion
• Death Penalty
• Healthcare
• Speech, Press, and Protest
• Elections
• Economics
• Criminal Justice
• Education
• Politics, Society, Freedom, and Equality

The Supreme Court

The Supreme Court is the highest court in the United States. Article III of the U.S. Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Constitution elaborated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole. Thus, it has been left to Congress and to the Justices of the Court through their decisions to develop the Federal Judiciary and a body of Federal law.

The number of Justices on the Supreme Court changed six times before settling at the present total of nine in 1869. Since the formation of the Court in 1790, there have been only 17 Chief Justices* and 102 Associate Justices, with Justices serving for an average of 16 years. On average a new Justice joins the Court almost every two years.

The Supreme Court of the United States hears about 100 to 150 appeals of the more than 7,000 cases it is asked to review every year. That means the decisions made by the 12 Circuit Courts of Appeals across the country and the Federal Circuit Court are the last word in thousands of cases.

Court of Appeals

In the federal court system’s present form, 94 district level trial courts and 13 courts of appeals sit below the Supreme Court. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals. The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury.

The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies. In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.

District Courts

The nation’s 94 trial courts are called U.S. District Courts. At a trial in a U.S. District Court, witnesses give testimony and a judge or jury decides who is guilty or not guilty — or who is liable or not liable. District courts resolve disputes by determining the facts and applying legal principles to decide who is right.

Trial courts include the district judge who tries the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial. They may also conduct trials in misdemeanor cases.

There is at least one district court in each state, and the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court.

Bankruptcy Courts

Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Bankruptcy Appellate Panels (BAPs) are 3-judge panels authorized to hear appeals of bankruptcy court decisions. These panels are a unit of the federal courts of appeals, and must be established by that circuit. Five circuits have established panels: First Circuit, Sixth Circuit, Eighth Circuit, Ninth Circuit, and Tenth Circuit.

Bradford v. Illinois (1873)

Bradford Facts:

In 1869, Myra Bradwell passed the Illinois bar exam and applied for admission to the Illinois bar in accordance with a state statute that permitted any adult of good character and with sufficient training to be admitted to the practice of law. Because she was a woman, however, the Illinois Supreme Court denied her admission, noting that the “strife” of the bar would surely destroy femininity.

The legal rationale was based on the common law doctrine of coverture which denied a married woman a legal existence apart from her husband. Bradwell appealed the decision to the United States Supreme Court, arguing that her right to practice law was protected by the Privileges or Immunities clause of the Fourteenth Amendment.

Bradwell Questions and Answers

Q: Is the right to obtain a license to practice law guaranteed by the Fourteenth Amendment to all citizens of the United States?

A: No. While the Court agreed that all citizens enjoy certain privileges and immunities which individual states cannot take away, it did not agree that the right to practice law in a state’s courts is one of them.

Bradwell Conclusion

8-1 ruling Illinois constitutionally denied law licenses to women, because it is not agreed upon that the right to practice law is dependent upon citizenship; and therefore, is not one of the privileges and immunities guaranteed by the Fourteenth Amendment making it properly regulable by states. The Court also provided reasons why it was natural and proper for women to be excluded from the legal profession citing the importance of maintaining the “respective spheres of man and woman,” with women performing the duties of motherhood and wife in accordance with the “law of the Creator.”

Myra Bradwell’s case in part prompted the Illinois Legislature to adopt a statute in 1872 that forbade sex discrimination in professional licencing. Toward the end of her life, the Illinois Supreme Court and the U.S. Supreme Court admitted Bradwell to practice law, nunc pro tunc, so that the year of her admittance was officially, albeit symbolically, 1869.

In 1971, the Court would, for the first time, overturn, using the Equal Protection Clause, a gender-based distinction in Reed v. Reed. While the Court in Reed applied only a rational basis review to strike down a decision giving males preference to females for administrator of estates positions, the Court would later apply intermediate scrutiny in Craig v. Boren. Today, the Court’s approach in Craig is still applied.

Next Case In Politics, Society, Freedom, and Equality: The Civil Rights Cases (1883)

Previous Case In Politics, Society, Freedom, and Equality: Dred Scott v. Sandford (1857)

Next Case: Munn v. Illinois (1877)

Previous Case: Slaughter-House Cases (1873)

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