SCLA 102 Bradwell and VMI

Cornerstone Integrated Liberal Arts: Bradwell and VMI Fall 2024

Bradwell v. Illinois (1873)

  • Brief Facts:

    • Myra Bradwell was the first woman to pass the Illinois bar exam.

    • The Illinois Supreme Court denied her the right to a law license despite her qualifications.

  • Legal Question:

    • Did the Illinois Supreme Court violate Bradwell’s 14th Amendment rights, particularly under the Privileges or Immunities Clause, by denying her the right to practice law?

  • Court’s Answer:

    • No.

Justice Samuel F. Miller:

  • Affirmed the state’s authority to regulate law practice.

  • Stated that Bradwell’s rights as a U.S. citizen were not infringed upon.

Justice Joseph P. Bradley:

  • Emphasized traditional gender roles, arguing that women are "unfit" for certain professions.

  • Highlighted the importance of women's roles within the "domestic sphere."

  • Warned that pursuing independent careers could disrupt family harmony.

United States v. Virginia (1996)

  • Brief Facts:

    • Women sought admission to the all-male Virginia Military Institute (VMI).

    • Virginia created the Virginia Women’s Institute for Leadership (VWIL) at Mary Baldwin College in response.

  • Legal Question:

    • Did VMI’s policy of excluding women violate the Equal Protection Clause of the Fourteenth Amendment?

  • Court’s Answer:

    • Yes.

Justice Ruth Bader Ginsburg:

  • Argued that VMI’s goal of creating “citizen soldiers” is not inherently unsuitable for women.

  • Noted significant differences between VMI and VWIL regarding education methods and resources.

  • Asserted that while inherent differences exist, they cannot justify discrimination or create obstacles based on sex.

Justice Antonin Scalia:

  • Criticized the majority for basing decisions on personal preferences rather than constitutional text.

  • Highlighted the historical precedent of single-sex education as constitutional.

  • Argued that the Court’s intervention undermines democratic processes and states' rights to innovate educational models as "laboratories of democracy".