Find Legal Information

In 1972, the Alaska Legislature passed the Local Hire Under State Leases Act which required "all oil and gas leases [and other activities related to this industry] to which the state is a party" include provisions for the preferential hiring of Alaska residents over non-residents. To administer the law, residents were issued residency cards which they were to present to potential employers when seeking jobs. Hicklin and others did not qualify for employment under the Alaska residency standard.

Did the Alaska statute violate the Constitution's Privileges and Immunities Clause of Article IV, Section 2, and the Equal Protection Clause of the Fourteenth Amendment?

The unanimous Court held that the Alaska Local Hire Act violated the Constitution. Citing past decisions of the Court, Justice Brennan argued that the Alaska law did not meet the strict standard of the Privileges and Immunities Clause, namely, that discrimination against non-citizens of a state is only allowed when those non-citizens "constitute a peculiar source of evil at which the statute is aimed." Since no evidence indicated that non-residents were the major cause of state unemployment or any other evil, there was no justification for the law.