Quote by Oliver Wendell Holmes
I confess that I do not understand the principle on which the power to fix a minimum for the wages of women can be denied by those who admit the power to fix a maximum for their hours of work. I fully assent to the proposition that here as elsewhere the distinctions of the law are distinctions of degree, but I perceive no difference in the kind or degree of interference with liberty, the only matter with which we have any concern, between the one case and the other. The bargain is equally affected whichever half you regulate. It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account.
Summary
This quote by Benjamin N. Cardozo questions the principle behind not having the power to establish a minimum wage for women, while still being able to set a maximum limit for their working hours. He argues that if regulations can be imposed on the number of hours a woman can work, then there should be no reason to deny the ability to set a minimum pay rate. Cardozo highlights that both cases involve interference with liberty and some degree of regulation, thus the distinction between the two is unclear. He also emphasizes that acknowledging differences between men and women does not negate the possibility for legislation to consider and address those differences.
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