Emily Fransted | Guest Contributor
In 1873, Justice Joseph Bradley memorialized his perception of the differences between men and women in a judicial opinion in the case of Bradwell v Illinois, 83 US 130 (1873).
Justice Bradley’s remarks were part of the decision of the United States Supreme Court in the case involving Myra Bradwell, a woman, who possessed all the necessary credentials and qualifications to become a licensed attorney. Yet, the state of Illinois refused to grant Mrs. Bradwell’s application for a license to become a lawyer.
The single thing that made Mrs. Bradwell ineligible to practice law? Her status as a married woman.
In support of the denial, Justice Bradley noted, “[the] natural and proper timidity and delicacy which belongs to the female sex unfits it for many of the occupations of civil life.” He went on to say that while he agreed with women’s advancement in certain occupations, he could not condone allowing women to pursue occupations that featured “highly specialized qualifications and demanding special responsibilities.”
Law is not for the timid or delicate.
Attorneys are detailed observers and methodical thinkers who deconstruct complex issues into more manageable components. Attorneys are persuasive communicators tasked with building trust and telling stories tailored to specific audiences. Attorneys routinely and carefully balance a myriad of obligations.
They are zealous advocates, while simultaneously honoring their duties of truthfulness and respect to the Court, and serving as ambassadors of the legal system.
The century and a half that has passed since the decision in Bradwell v Illinois makes clear that women are exceedingly fit for the important occupation of practicing law. Modernly, women comprise more than 40% of the country’s practicing attorneys. Further, women are graduating from law schools at faster rates than their counterparts.
Were he still alive, Justice Bradley might be shocked to find four women currently serving on the same bench he once looked down from. Justice Sonia Sotomayor, Justice Elena Kagan, Justice Amy Coney Barrett and Justice Ketanji Brown Jackson pursued their own unique academic and professional paths to the United States Supreme Court.
Prior to becoming a judge, each woman earned her license to practice, demonstrating possession of the specialized qualifications and management of the specialized responsibilities Justice Bradley once believed them incapable of.
Too timid and delicate to practice law? Justice Bradley’s misguided sentiment has been emphatically overruled.