Attorney General Of New York v. Soto-Lopez

476 U.S. 896 (1986)

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Nature of the Case

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Facts

Any military veteran who at the time of their service, lived in New York was entitled to enhanced preference points for New York civil service employment. A veteran could use the benefit only one time in gaining employment. The two Appellees who once served in the United States military but are now long-term residents of New York were not preferenced for New York civil service employment because they did not live in New York at time of their military service. However, the Appellees satisfied all other aspects of civil service employment. The Appellees contended that the law violated their fundamental right to travel under the Fourteenth Amendment Equal Protection Clause. The state justified its law based on four factors: 1) to encourage New York residents to join the military; 2) to compensate veterans for their military service and assist veterans in establishing homes; 3) to induce investors to come to New York; and 4) to employ a unique valuable class of public servants. The District Court dismissed the Appellees' claim. The Appeals Court reversed. The U.S. Supreme Court affirmed in favor of the Appellees.