Bessie Margolin
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Bessie Margolin (1909 – June 19, 1996) was an American lawyer and activist. She was a
U.S. Department of Labor The United States Department of Labor (DOL) is one of the United States federal executive departments, executive departments of the federal government of the United States, U.S. federal government. It is responsible for the administration of fede ...
attorney from 1939 until 1972, arguing numerous cases before the Supreme Court. Margolin undertook a large amount of litigation related to the Fair Labor Standards Act, creating a vast body of law in the area of employment standards in the process.


Early life

Margolin's parents, who escaped persecution against Jews in
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, immigrated to New York City shortly before her birth. Her mother died while Margolin was still young, and she spent the rest of her childhood at the Jewish Children's Home in
New Orleans New Orleans ( , ,New Orleans
. She graduated from
Isidore Newman School Isidore Newman School is a private, nondenominational, co-educational college preparatory school located on an campus in the uptown section of New Orleans, Louisiana. Jeré Longman of ''The New York Times'' described Isidore Newman as "one of ...
in 1925. In 1929, Margolin received her bachelor's degree from Tulane University's
Newcomb College H. Sophie Newcomb Memorial College, or Newcomb College, was the coordinate women's college of Tulane University located in New Orleans, in the U.S. state of Louisiana. It was founded by Josephine Louise Newcomb in 1886 in memory of her daughter. ...
. She went on to earn her law degree at Tulane and then undertook further legal studies at
Yale University Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United Sta ...
. She received her doctorate in law from Yale in 1933. Following her graduation from Yale, Margolin joined the
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as an attorney. As Margolin later stated, "Government attracts the competent women ttorneysbecause they have no alternative," referencing the fact that, at the time, most prestigious law firms would not hire women. Her career at the TVA was somewhat clouded by allegations that she had an affair with Larry Fly, then general counsel of the agency. In early 1943, after Margolin had left the TVA and following a
Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States federal government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdicti ...
investigation into Congressman Eugene Cox ( D- GA) for accepting a bribe from radio station
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, the
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created a special investigative committee, chaired by Cox, to look into the FCC. This committee used the affair allegations to convince Fly, by then chairman of the FCC, to cooperate with the committee.


Department of Labor career

In 1939, Margolin joined the Department of Labor. She became an expert on the Fair Labor Standards Act and was eventually promoted to Assistant Solicitor in charge of Supreme Court appellate litigation. In this role, and in her later role as Associate Solicitor, Margolin argued 27 cases before the Supreme Court. Of these 27 cases, the Department of Labor position prevailed in 25 of them, an impressive 93% success rate. As Associate Solicitor, Margolin supervised 33 other attorneys, making her one of the senior female attorneys in the entire federal government. Of the many cases Margolin argued before the Supreme Court, particular importance is attached to the following examples. In , Margolin’s arguments resulted in a decision that the Department need not show that violations of a court decree to comply with provisions of the Fair Labor Standards Act were willful in order for a court to find the respondent in contempt. This particular decision brought to an end litigation between the company and the Department that had lasted more than five years, and it confirmed that contempt of court could be used by the Department to enforce the requirements of the Fair Labor Standards Act. The case of , argued by Margolin, provided a clear definition of "engaged in commerce" and thus made clear what types of employees were covered under the Fair Labor Standards Act. The decision clarified that the Department's enforcement authority included those who work on plans, drawings and specifications. The respect that the Supreme Court justices had for Margolin is shown in , which indicates that the court specifically invited her to argue before the court as amicus curiae. Following World War II, Margolin was temporarily assigned to the
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at the
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. In this role, she drafted the original regulation under which the tribunals were constituted. In 1963,
Hale Boggs Thomas Hale Boggs Sr. (February 15, 1914 – disappeared October 16, 1972; declared dead December 29, 1972) was an American Democratic politician and a member of the U.S. House of Representatives from New Orleans, Louisiana. He was the House ma ...
recommended to President Lyndon Johnson that Margolin be appointed to the United States Court of Claims. As then Secretary of Labor
Willard Wirtz William Willard Wirtz Jr. (March 14, 1912 – April 24, 2010) was a U.S. administrator, cabinet officer, attorney, and law professor. He served as the Secretary of Labor between 1962 and 1969 under the administrations of Presidents John F ...
told President Johnson, Margolin was a "top notch" attorney and referenced her excellent record arguing before the Supreme Court. In the end, however, President Johnson appointed Wilson Cowen to the post. Margolin retired from the Department of Labor in 1972. Several Supreme Court justices, including Chief Justice Earl Warren, came to her retirement dinner. At the dinner, Warren said that Margolin's work had made federal wage and hour law "meaningful and responsible."


Other

In 1966 Margolin became a co-founder of the
National Organization for Women The National Organization for Women (NOW) is an American feminist organization. Founded in 1966, it is legally a 501(c)(4) social welfare organization. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C. It ...
.


Later life

Following her retirement, Margolin served as an arbitrator and occasionally taught at the
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Law Center. Following a stroke, she died at Arlington Hospital,
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.


References

* * * * {{DEFAULTSORT:Margolin, Bessie Jewish American attorneys Tulane University alumni Yale Law School alumni 1909 births 1996 deaths 20th-century American lawyers 20th-century American women lawyers 20th-century American Jews National Organization for Women people Lawyers from New Orleans United States Department of Labor officials American Jews from Louisiana