Supreme Court Of Virginia v. Friedman

487 U.S. 59 (1988)

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Nature of the Case

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Facts

Appellee Friedman, a lawyer, pursued certification to practice law in Virginia. Friedman formerly maintained a residence in Virginia but left the state upon marrying. However, a Virginia law admits lawyers that did not complete the Virginia bar examination upon motion provided, the applicant maintains a permanent residence in Virginia, practiced for five years, and the state from which the applicant is applying extends the same benefit to Virginian attorneys. The Virginia law licensing board maintained that this rule of court is a discretionary one. Accordingly, Friedman's application was declined based on lack of Virginia residence. When Friedman challenged this decision, the District Court granted summary judgment in her favor holding that the statute violated Art I, §2, Privileges and Immunities Clause. The Fourth Circuit Court of Appeals affirmed. The U.S. Supreme Court affirmed.