Summary
The Supreme Court of the United States ruled in Bradwell v. State that a state has the right to exclude a woman from practicing law in its courts. The court held that the right to practice law is not a privilege or immunity of citizenship under the Fourteenth Amendment. The decision was based on the idea that the right to control and regulate the granting of licenses to practice law is a power reserved to the states.
Topics
Practice areas
Questions Presented
- Whether Article IV, Section 2's Privileges and Immunities Clause protected Bradwell, as an Illinois resident and citizen, from Illinois's denial of a law license.
- Whether admission to practice law in a state court is a privilege or immunity of United States citizenship protected by the Fourteenth Amendment.
Holdings
- Article IV, Section 2 does not protect a citizen from the laws of the state of which she is a citizen; because Bradwell resided in Illinois, the Clause did not provide a basis for challenging Illinois's action.
- The right to admission to practice in the courts of a state is not a privilege or immunity of United States citizenship protected by the Fourteenth Amendment.
Key quotations
“But the right to admission to practice in the courts of a State is not one of them.” (139)
“It is sufficient to say they are conclusive of the present case. JUDGMENT AFFIRMED.” (139)
Factual background
Myra Bradwell, a resident of Chicago, Illinois, applied to the Illinois Supreme Court for a license to practice law after presenting evidence of good character and legal qualifications. She asserted that her citizenship and prior citizenship in Vermont entitled her to admission under Article IV, Section 2, and the Fourteenth Amendment. Illinois denied the application, relying on the common-law rule and its view that women were not eligible for admission to the bar.
Procedural history
Bradwell applied to the Supreme Court of Illinois for a license to practice law. The Illinois court denied the application, concluding that women were not eligible for admission under the applicable common-law and statutory framework. The United States Supreme Court affirmed.