Privileges & Immunities Clause and State Bar Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
- Posts: 222
- Joined: Wed Apr 04, 2018 12:02 pm
Privileges & Immunities Clause and State Bar
The rule is that states can't discriminate against out of state residents unless the discrimination satisfies strict scrutiny. So my question is: what is the governmental compelling interest to prohibit non-residents attorneys to practice law in a state where they are not licensed?
-
- Posts: 352
- Joined: Sat Mar 19, 2016 12:22 pm
Re: Privileges & Immunities Clause and State Bar
States don't prohibit out of state people from practicing in state. They just require that you pass their bar. I can live in NY and practice in CA as long as I pass the CA bar (just like in-state residents have to do)
-
- Posts: 222
- Joined: Wed Apr 04, 2018 12:02 pm
Re: Privileges & Immunities Clause and State Bar
So I guess it's more of an Equal Protection issue and, as practicing law is not a fundamental right, rational basis will apply. Right?estefanchanning wrote:States don't prohibit out of state people from practicing in state. They just require that you pass their bar. I can live in NY and practice in CA as long as I pass the CA bar (just like in-state residents have to do)
Just curiosity, not trying to advocate anything here btw.
-
- Posts: 352
- Joined: Sat Mar 19, 2016 12:22 pm
Re: Privileges & Immunities Clause and State Bar
Not an equal protection issue either. The law doesn't discriminate against certain classes of people. It applies equally to everyone. Your best argument would maybe be substantive due process. But even then, practicing the law is not a fundamental right, and therefore RBT would apply.Nightcrawler wrote:So I guess it's more of an Equal Protection issue and, as practicing law is not a fundamental right, rational basis will apply. Right?estefanchanning wrote:States don't prohibit out of state people from practicing in state. They just require that you pass their bar. I can live in NY and practice in CA as long as I pass the CA bar (just like in-state residents have to do)
Just curiosity, not trying to advocate anything here btw.
-
- Posts: 222
- Joined: Wed Apr 04, 2018 12:02 pm
Re: Privileges & Immunities Clause and State Bar
Makes sense, thanks!estefanchanning wrote:Not an equal protection issue either. The law doesn't discriminate against certain classes of people. It applies equally to everyone. Your best argument would maybe be substantive due process. But even then, practicing the law is not a fundamental right, and therefore RBT would apply.Nightcrawler wrote:So I guess it's more of an Equal Protection issue and, as practicing law is not a fundamental right, rational basis will apply. Right?estefanchanning wrote:States don't prohibit out of state people from practicing in state. They just require that you pass their bar. I can live in NY and practice in CA as long as I pass the CA bar (just like in-state residents have to do)
Just curiosity, not trying to advocate anything here btw.
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login