...of protecting themselves, was insufficient to justify the regulation: "The law must be upheld, if at all, as a law pertaining to the health of the individual...works but ten hours per day or only sixty hours a week . . . ."10 In Muller v. Oregon (1908), Louis Brandeis, then an attorney arguing before the Court, convinced...

...promoting public safety, even less does it meet Peckham's rigorous test of a public-health measure: "It does not affect any other portion of the public than those who are engaged in that occupation [baking]. Clean and wholesome bread does not depend upon whether the baker works but ten hours per...

...of a baker."31 In consequence, said Justice Peckham, if the law is to be upheld, it "must be . . . as a law pertaining to the health of the individual engaged in the occupation of a baker."32 But the mere assertion that the subject relates to health is not enough. The relationship...

...affected by such an act." If the law is to be upheld at all it must be shown that it reasonably addresses "the health of the individual engaged in the occupation of a baker." But, in the opinion of the majority, unlike that part of the law requiring the inspection of plumbing,...

...judgment and of action. They are in no sense wards of the State. . . . The law must be upheld, if at all, as a law pertaining to the health of the individual...but ten hours per day or only sixty hours a week. . . . We think that there can be no fair doubt that the trade of a baker, in and of itself, is not...

...accompanying text. 338. See notes 348-355 infra and accompanying text. 339. The law must be upheld, if at all, as a law pertaining to the health of the individual...baker. It does not affect any other portion of the Muller v. Oregon, on the other hand, is quite consistent with the Court's public interest affectation...

...of the public is not in the slightest degree affected by such an act. The law must be opheld, if at all, as a law pertaining to the health of the individual engaged in the occopation of a baker. It does not affect any other portion of the public than those who are engaged...

...determination of public welfare, health, and morals. By asking whether the law for bakers affected "any other portion of the public than those who are engaged in that occupation," the Court affirmed the idea of a differential impact on public welfare that varied according to the...

...Troubled Beginnings, 161. 63. Benedict, "Laissez-faire and Liberty," 308. 64. Lochner, 198 US at 57. 65. "Clean and wholesome bread does not depend upon whether...but ten hours per day or only sixty hours a week." Id. 66. Id. at 59. 67. Id. at 56, 61. See Horwitz, The Transformation of American Law, 30. 68. Lochner,...

...had a palpable safety interest in alert engineers. But "clean and wholesome bread," Peckham remarked, "does not depend upon whether the baker works but ten hours per day or only sixty hours a week." Nor did bakery work seem to endanger the health of bakery workers. It followed that the statute could...