Hicklin v. Orbeck

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Hicklin v. Orbeck
Court Supreme Court of the United States
Date decided June 1978
Appealed from Alaska Supreme Court
Case Opinions
majority written by William J. Brennan Jr.


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.


Has Hicklin's experienced economic discrimination from Alaska's law under the Privileges and Immunities Clause of Article IV, § 2, Clause 1?


The Privileges and Immunities clause of Article 4 of the US Constitution prohibits discrimination in employing non-Alaska residents.


The Dormant Commerce Clause is applicable also because Alaska's oil and gas resources are bound for interstate commerce.

Case Text Links

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. "