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Dandamudi v. Tisch

686 F.3d 66 (2012)

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Dandamudi v. Tisch

United States Court of Appeals for the Second Circuit

686 F.3d 66 (2012)

Facts

A group of nonimmigrant aliens (the pharmacists) (plaintiffs) residing in New York obtained pharmacist licenses pursuant to a statutory waiver to New York Education Law § 6805(1)(6), which provided that only United States citizens and legal permanent residents (LPRs) were eligible to obtain pharmacist licenses. Most of the pharmacists had H1-B or TN visas that legally authorized them to live and work in the United States, and all had been in the country legally for more than six years, many with plans to obtain LPR status. The waiver of § 6805(1)(6) was scheduled to expire in 2009. The pharmacists sued the state (defendant) to enjoin enforcement of § 6805(1)(6), arguing that the law violated the Equal Protection Clause and Supremacy Clause of the United States Constitution. The district court agreed and granted the pharmacists’ motion for summary judgment. The state appealed, arguing that the court should adopt a new exception to the ordinary rule that laws that disadvantage aliens must pass strict-scrutiny review. The state argued that suspect-class status should apply only to immigrants who were virtual citizens, like LPRs, and not to nonimmigrant aliens.

Rule of Law

Issue

Holding and Reasoning (Wesley, J.)

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