Constitutional Law Keyed to Cohen
Attorney General of New York v. Soto-Lopez
The State of New York, through its Constitution and its Civil Service Law “grants a civil service employment preference, in the form of points added to examination scores, to New York residents who are honorably-discharged veterans of the United States armed forces, who served during time of war, and who were residents of New York when they entered military service. This preference may be exercised only once, either for original hiring or for one promotion . . . .” The Appellees, Soto-Lopez and other United States veterans and “long-time residents of New York,” (Appellees), claim to have met all of the service requirements except New York’s residency requirement. The Appellees were residents of Puerto Rico when they joined the army. The Appellees sued the Appellant, the Attorney General of New York (Appellant), alleging that the residency requirement violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution (Constitution) and the consti tutionally protected right to travel . . .” The District Court dismissed the Appellee’s complaint. The Court of Appeals reversed.
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