Legal Opinion · Dissent

Schoenefeld v. Schneiderman

Court of Appeals for the Second Circuit

Decided April 22, 2016No. Docket 11-4283-cvPublished

1DissentHall, Circuit Judge

- The majority holds that a New York statute that discriminates, on its face, against nonresident attorneys — burdening them with the expense of maintaining an office in New’ York while exempting resident attorneys from the same requirement — does not offend the Privileges and Immunities Clause of Article IV, § 2 of the Constitution because, in the majority’s view, the plaintiff has failed to prove that the statute evinces a “protectionist” intent. In doing so, the majority injects an entirely novel proposition into our Privileges and Immunities Clause jurisprudence: that a State’s explicit…

2Cases cited21 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  3. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  4. Washington v. DavisSupreme Court of the United States · 1976
  5. McBurney v. YoungSupreme Court of the United States · 2013

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