Legal Opinion · Dissent

Abrahams v. Civil Service Commission

Supreme Court of New Jersey

Decided May 8, 1974Published

1DissentP ashman, J.

I would declare the residence ordinance unconstitutional on two grounds: (1) it is an infringement upon the" right to travel unsupported by a sufficiently compelling State interest to justify the restriction and (2) it is a violation of the equal protection clause. I therefore dissent from the majority opinion.

I

The enactment prescribes a continuing residence requirement in the community as a condition of employment. Its validity was sustained in Kennedy v. City of Newark, 29 N. J. 178 (1959). In balancing personal liberty against the power to enact an ordinance requiring residence in an…

2Cases cited26 opinions

  1. Perry v. SindermannSupreme Court of the United States · 1972
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Loving v. VirginiaSupreme Court of the United States · 1967
  4. Dunn v. BlumsteinSupreme Court of the United States · 1972
  5. Oyler v. BolesSupreme Court of the United States · 1962

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