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Civil Rights & Equal Protection

Supreme Court of New Hampshire v. Piper

Decided: 1985

In brief

A state cannot categorically bar nonresidents from admission to its bar under the Privileges and Immunities Clause of Article IV.

The Court's ruling in depth

Vermont resident Kathryn Piper met every New Hampshire bar requirement except residency. The Court struck down the residency rule under Article IV, § 2's Privileges and Immunities Clause. Justice Powell's opinion held that the practice of law is a 'fundamental right' for Clause purposes, that state protectionism against out-of-state lawyers lacks a 'substantial reason,' and that less-restrictive alternatives (like periodic in-state appearances) exist. Piper is the leading modern authority requiring states to justify occupational barriers against nonresidents and it seeded a line of cases opening bars, real-estate practice, and other professions across state lines.

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