In the muller v. oregon case of 1908, the supreme court ruled against government regulations. overturned a state law regarding child safety. ruled in favor of government regulations. overturned a state law regarding unsafe products.

In Justice David Josiah Brewer's unanimous opinion in Muller, the Court upheld the Oregon regulation. The Court did not overrule Lochner, but instead distinguished it on the basis of "the difference between the sexes." The child-bearing physiology and social role of women provided a strong state interest in reducing their working hours."