Find Court Cases > Supreme Court of Virginia v. Friedman

Supreme Court of Virginia v. Friedman

Case Date: 03/21/1988
Docket No: none

Facts of the Case 

Myrna Friedman, a resident of Maryland, was hired at a law firm located in the state of Virginia. Virginia law made permanent residency a requirement for admission to the Virginia bar without taking the bar examination. After Friedman's appeal to the Virginia Supreme Court was turned down, her claim was upheld in federal district court.

Question 

Did the Virginia law violate the Privileges and Immunities Clause of the Constitution?

Argument Supreme Court of Virginia v. Friedman - Oral Argument, Part argumentFull Transcript Text  Download MP3Supreme Court of Virginia v. Friedman - Oral Argument, Part argumentFull Transcript Text  Download MP3Supreme Court of Virginia v. Friedman - Oral ArgumentFull Transcript Text  Download MP3 Conclusion  Decision: 7 votes for Friedman, 2 vote(s) against Legal provision: Article 4, Section 2, Paragraph 1: Privileges and Immunities Clause

In a 7-to-2 decision, the Court held that Virginia's residency requirement was unconstitutional. The Court held that "'one of the privileges which the Clause guarantees to citizens of State A is that of doing business in State B on terms of substantial equality with the citizens of that State,'" and that the practice of law was sufficiently basic to the economy to be deemed a privilege protected by the Clause. The Court found that the regulation discriminated among otherwise equally qualified applicants solely on the basis of residency, failing to bear a close relation to a substantial state interest.