Hicklin v. Orbeck

E87372

Hicklin v. Orbeck is a 1978 U.S. Supreme Court case that struck down Alaska’s local-hire law for violating the Privileges and Immunities Clause by discriminating against nonresident workers.

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This AI-generated illustration was produced by black-forest-labs/FLUX.2-dev (1024x1024) from a prompt written by openai/gpt-oss-120b from the entity's label + description.

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Generate an image of Hicklin v. Orbeck (Hicklin v. Orbeck is a 1978 U.S. Supreme Court case that struck down Alaska’s local-hire law for violating the Privileges and Immunities Clause by discriminating against nonresident workers.)

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Statements (45)

Predicate Object
instanceOf United States Supreme Court case ⓘ
court case ⓘ
affectedGroup Alaska resident workers ⓘ
nonresident workers seeking employment in Alaska ⓘ
areaOfImpact nonresident employment discrimination ⓘ
state employment preference laws ⓘ
chiefJusticeAtTimeOfDecision Warren E. Burger ⓘ
citation 437 U.S. 518 ⓘ
constitutionalProvisionInterpreted Article IV, Section 2, Privileges and Immunities Clause of the United States Constitution ⓘ
constitutionalRightInvolved privileges and immunities of citizens in the several states ⓘ
court Supreme Court of the United States ⓘ
decisionDate 1978 ⓘ
decisionType constitutional review of state statute ⓘ
disposition state statute struck down as unconstitutional ⓘ
fullCaseName Hicklin v. Orbeck, Commissioner, Department of Labor ⓘ
linked to: Hicklin v. Orbeck
holding Alaska could not discriminate against nonresident workers in access to employment related to oil and gas development ⓘ
Alaska’s local-hire law violated the Privileges and Immunities Clause ⓘ
issue constitutionality of Alaska local-hire law favoring residents over nonresidents ⓘ
jurisdiction United States ⓘ
legalSubject Privileges and Immunities Clause ⓘ
constitutional law ⓘ
labor and employment law ⓘ
state police power ⓘ
opinionOfTheCourtBy William J. Brennan Jr. ⓘ
petitioner Hicklin ⓘ
principleEstablished economic protectionism against nonresidents is constrained by the Privileges and Immunities Clause ⓘ
states may not enact broad employment preferences for residents that burden nonresidents’ fundamental rights without substantial justification ⓘ
reasoning the Privileges and Immunities Clause protects the right of citizens to pursue a common calling in other states ⓘ
the discrimination against nonresidents was not closely related to the state’s objectives ⓘ
the state failed to show that nonresidents were a peculiar source of the evil the statute was aimed at ⓘ
relatedCase Toomer v. Witsell ⓘ
United Building & Construction Trades Council v. Mayor and Council of Camden ⓘ
relatedConcept interstate mobility of labor ⓘ
right to pursue a common calling ⓘ
respondent Orbeck, Commissioner, Department of Labor of Alaska ⓘ
resultForLaw Alaska Hire law invalidated ⓘ
stateParty Alaska ⓘ
statuteAtIssue Alaska Hire law ⓘ
linked to: Alaska Statutes

Alaska Stat. § 38.40.090 (then in force) ⓘ
subjectMatter oil and gas industry employment in Alaska ⓘ
subsequentInfluence cited in later cases evaluating state and local residency preferences for employment ⓘ
timePeriod Burger Court era ⓘ
vote unanimous decision ⓘ
yearArgued 1978 ⓘ
yearDecided 1978 ⓘ

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Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

Hicklin v. Orbeck → fullCaseName → Hicklin v. Orbeck, Commissioner, Department of Labor ⓘ
linked to: Hicklin v. Orbeck
Hicklin → roleIn → Hicklin v. Orbeck ⓘ
Hicklin → partyToCase → Hicklin v. Orbeck ⓘ
Hicklin → caseCitation → Hicklin v. Orbeck, 437 U.S. 518 (1978) ⓘ
linked to: Hicklin v. Orbeck