Schoenefeld v. Schneiderman
Court of Appeals for the Second Circuit
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…
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