Saturday, May 5, 2012

Hicklin v. Orbeck case brief, 437 U.S. 518 (1978)

Hicklin v. Orbeck437 U.S. 518 (1978)

FACTS 
1972, Alaska concerned about high unemployment, adopted Act, which required all parties acting under Alaskan oil and gas leases or under AK permits for oil and gas pipelines to give hiring preference to AK residents.    Set up a system of state residence cards for AK residents (one year in AK).
-Non-resident job applicants challenged the act.

PROCEDURAL HISTORY

-AK supreme court sustained preference, but struck down year requirement as excessively long.
 
ISSUE:  Was the Act Unconstitutional?
 
HOLDING:  Yes, under the Privileges and Immunities Clause.
 
ANALYSIS 
-Here AK did not show something to indicate that "non citizens constitute a peculiar source of evil at which the statute is aimed."
-The discrimination of the act against nonresidents does not bear a substantial relationship to the peculiar evil they are said to present.

Link to Case:  437 U.S. 518 (1978)

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