Heim v. McCall

Background

A private man named Heim sued over New York’s Labor Law §14, which restricts certain noncitizens from working on public projects. Contractors who worked on New York City’s subway lines were drawn into the case. Lower state courts split: an intermediate court found the law blatantly discriminatory under the Fourteenth Amendment, while the State’s highest court said the law could be applied when the State spends its money on public work. The plaintiffs also argued the law violated a treaty with Italy protecting some rights of Italian citizens.

Reasoning

The central question was whether New York can set who may be employed on public works and whether doing so violates the Constitution or the Italy treaty. The Court relied on earlier authority saying a State, acting for its people, may prescribe conditions for work done for the State. The Court explained that rules about public work concern public policy and the State may prefer its own citizens when contracting and spending State money. It also read the Italy treaty as guaranteeing protection and security for persons and property, not a full right to be employed on public projects, so the treaty did not block the law. The result: the State’s position prevailed and the challenge failed.

Real world impact

The decision permits New York to enforce citizenship-based hiring rules on publicly funded projects, including subway construction. Contractors and noncitizen workers may be excluded under §14. The ruling confirms that municipal actions tied to State spending can be controlled by State law and upheld against these federal constitutional and treaty claims.

Dissents or concurrances

Some state-court judges and members of an intermediate court thought the law was flagrantly discriminatory and violated constitutional protections, but that view did not carry the majority here.