Hicklin v. Orbeck: Difference between revisions
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|date=June 1978 | |date=June 1978 | ||
|appealed_from=Alaska Supreme Court | |appealed_from=Alaska Supreme Court | ||
|facts=Due to the extremely cold and harsh climate in Alaska, companies were paying high compensations to workers in Alaska who worked in the oil and gas sectors. | |facts=Due to the extremely cold and harsh climate in Alaska, companies were paying high compensations to workers in Alaska who worked in the oil and gas sectors. | ||
| Line 10: | Line 9: | ||
|issues=Has Hicklin's experienced economic discrimination from Alaska's law under the Privileges and Immunities Clause of Article IV, § 2, [[Constitution_of_the_United_States#Section_2.2C_Clause_1:_Privileges_and_Immunities|Clause 1]]? | |issues=Has Hicklin's experienced economic discrimination from Alaska's law under the Privileges and Immunities Clause of Article IV, § 2, [[Constitution_of_the_United_States#Section_2.2C_Clause_1:_Privileges_and_Immunities|Clause 1]]? | ||
|holding=The Privileges and Immunities clause of Article 4 of the [[US Constitution]] prohibits discrimination in employing non-Alaska residents. | |holding=The Privileges and Immunities clause of Article 4 of the [[US Constitution]] prohibits discrimination in employing non-Alaska residents. | ||
|rule=The Dormant Commerce Clause is applicable also because Alaska's oil and gas resources are bound for [[Constitution_of_the_United_States#Commerce|interstate commerce]]. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/hicklin-v-orbeck | |link=https://www.quimbee.com/cases/hicklin-v-orbeck | ||
Latest revision as of 03:39, July 14, 2023
| Hicklin v. Orbeck | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 1978 |
| Appealed from | Alaska Supreme Court |
| Case Opinions | |
| majority | written by William J. Brennan Jr. |
Facts
Due to the extremely cold and harsh climate in Alaska, companies were paying high compensations to workers in Alaska who worked in the oil and gas sectors.
An Alaska law gave preference to hiring Alaska residents over out-of-state workers who had come into Alaska for employment.Procedural History
Sidney Hicklin (plaintiff) is arguing against Edmund Orbeck, Commissioner of the Department of Labor of the State of Alaska.
Issues
Has Hicklin's experienced economic discrimination from Alaska's law under the Privileges and Immunities Clause of Article IV, § 2, Clause 1?
Holding
The Privileges and Immunities clause of Article 4 of the US Constitution prohibits discrimination in employing non-Alaska residents.
Rule
The Dormant Commerce Clause is applicable also because Alaska's oil and gas resources are bound for interstate commerce.
Resources
- Case text at Quimbee case brief
- Case text at Justia
- Case text at Legal Information Institute of Cornell Law School
Brennan wrote, "Even assuming that a State may validly attempt to alleviate its unemployment problem by requiring private employers within the State to discriminate against nonresidents—an assumption made at least dubious by Ward9—it is clear that under the Toomer analysis reaffirmed in Mullaney, Alaska Hire's discrimination against nonresidents cannot withstand scrutiny under the Privileges and Immunities Clause. "
