Examining Board v. Flores de Otero

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Examining Board v. Flores de Otero
Seal of the United States Supreme Court.svg
Argued December 8, 1975
Decided June 17, 1976
Full case name Examining Board of Engineers, Architects and Surveyors et al. v. Flores de Otero
Citations 426 U.S. 572 (more)
96 S. Ct. 2264; 49 L. Ed. 2d 65
Holding
State law that excluded aliens from the practice of civil engineering was declared unconstitutional on the basis of the Equal Protection Clause.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
Majority Blackmun, joined by Burger, White, Powell, O'Connor, Brennan, Stewart
Dissent Rehnquist
Laws applied
Fourteenth Amendment

Examining Board v. Flores de Otero, 426 U.S. 572 (1976), was a case decided by the Supreme Court of the United States that invalidated a state law that excluded aliens from the practice of civil engineering. The Court invalidated the law on the basis of equal protection using a strict scrutiny standard of review.[1][2]

Prior history

A Puerto Rico law permits only United States citizens to practice privately as civil engineers. Appellees are alien civil engineers residing in Puerto Rico, one of whom (Flores de Otero) was denied a license under this law, and the other of whom (Perez Nogueiro) was granted only a conditional license to work for the Commonwealth. Each appellee brought suit for declaratory and injunctive relief against appellant Examining Board and its members in the United States District Court for the District of Puerto Rico, claiming jurisdiction under 28 U.S.C. § 1343(3) and alleging that the statute's citizenship requirement violated 42 U.S.C. § 1983.

See also

References

  1. ^ Examining Board v. Flores de Otero, 426 U.S. 572 (1976).
  2. ^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 667

External links

  • Text of Examining Board v. Flores de Otero, 426 U.S. 572 (1976) is available from:  Findlaw  Justia  Oyez (oral argument audio) 


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