Attorney General of New York v. Soto-Lopez
Headline: New York veterans’ civil-service hiring bonus struck down as unconstitutional; Court affirms lower court, blocks giving extra points only to veterans who resided in the State when they entered military service.
Holding: The Court affirmed the appeals court and held that New York’s civil-service veterans’ preference limited to people who were residents when they entered military service violates the constitutional right to travel and the Equal Protection Clause.
- Bars New York from limiting veterans’ hiring bonus to those resident at time of enlistment.
- Requires states to treat bona fide resident veterans equally regardless of prior enlistment residence.
- Overrules an earlier summary affirmance that had left the New York rule intact.
Summary
Background
Two long-time New York residents, Eduardo Soto-Lopez and Eliezer Baez-Hernandez, served in the U.S. Army but were living outside New York when they joined. They passed civil service exams but were denied New York’s veterans’ preference points because the State requires residency at the time of enlistment. The men sued, and the Second Circuit ruled for them; the State appealed to the Supreme Court.
Reasoning
A majority led by Justice Brennan found that New York’s rule treats residents differently based on when they migrated and thereby penalizes the right to travel. The Court concluded the rule permanently withholds a substantial benefit and that the State failed to show the residency cutoff was narrowly required to achieve its aims. Because the restriction burdens a constitutional right, the Court applied heightened review and held the rule unconstitutional under equal protection principles.
Real world impact
The ruling requires New York to stop using the fixed-time residency test when awarding veterans’ civil-service bonus points. Veterans who establish bona fide New York residence must be treated the same regardless of where they lived when they entered the military. The Court also overruled an earlier summary affirmation that had left this issue unsettled in federal practice.
Dissents or concurrances
Chief Justice Burger and Justice White concurred in the judgment on equal protection grounds, finding the classification irrational. Justice O’Connor (joined by Rehnquist and Stevens) dissented, arguing the preference did not penalize migration and could survive rational-basis review; Justice Stevens also wrote separately criticizing the majority’s reasoning.
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