The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Civil Rights & Equal Protection
Supreme Court of New Hampshire v. Piper
Decided: 1985
A state cannot categorically bar nonresidents from admission to its bar under the Privileges and Immunities Clause of Article IV.
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.