Monday, September 10, 2012

Bradwell v. Illinois: A Reenactment

What follows is a long video. It is nearly an hour long, and for this reason it is recommended and not required viewing. This is a reenactment of <i>Bradwell v. Illinois</i> (1873). It is notable for many reasons, among them performance of one of our current Supreme Court Justices. If you have the time and inclination, I recommend this.



Setting the "stage" for the next panel, we will travel back to 1872 and have a chance to observe the oral argument before the United States Supreme Court in Bradwell v. Illinois. Myra Bradwell, a married woman, was found qualified to practice law but denied admission to the Bar by the Supreme Court of Illinois on the grounds "[t]hat God designed the sexes to occupy different spheres of action, and that it belonged to men to make, apply, and execute the laws." The United States Supreme Court heard the case. We will have a chance to
hear the argument — or a creative, updated version of it, with different advocates and a different outcome. Ms. Arabella Mansfield, the first women lawyer in the United States, will be arguing arguing for Ms. Bradwell (although in fact, Ms. Bradwell was represented by a male lawyer, and Illinois will be well represented (although, in fact, the state was so sure of the outcome that it did not send any representative to argue in the Court). Should women be able to practice law? Does the United States Constitution have anything to say on the subject? Come and find out.

Introduction

  • Hon. Marsha S. Berzon, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit


Reenactment: 

Members of the U.S. Supreme Court:


  • Hon. Ruth Bader Ginsburg, Associate Justice, U.S. Supreme Court
  • Hon. Richard R. Clifton, Circuit Judge, U.S. Court of Appeals for the Ninth Circuit
  • Hon. Sidney R. Thomas, Circuit Judge U.S. Court of Appeals for the Ninth Circuit

Advocates:

  • Judith Resnik, Arthur Liman, Professor of Law, Yale Law School
  • Carter G. Phillips, Esq., Sidley Austin LLP



Recorded: August 18, 2011
2011 Ninth Circuit Judicial Conference

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