Examining Board v. Flores de Otero

Examining Board v. Flores de Otero
Supreme Court of the United States
Argued December 8, 1975 Decided June 17, 1976
Full case name	Examining Board of Engineers, Architects and Surveyors et al. v. Flores de Otero
Citations	426 U.S. 572 (more) 96 S. Ct. 2264; 49 L. Ed. 2d 65
Holding
State law that excluded aliens from the practice of civil engineering was declared unconstitutional on the basis of the Equal Protection Clause.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
Case opinions
Majority	Blackmun, joined by Burger, White, Powell, O'Connor, Brennan, Stewart
Dissent	Rehnquist
Laws applied
U.S. Const. amend. XIV

Examining Board v. Flores de Otero, 426 U.S. 572 (1976), was a case decided by the Supreme Court of the United States that invalidated a state law that excluded aliens from the practice of civil engineering. The Court invalidated the law on the basis of equal protection using a strict scrutiny standard of review.^[1][2]

Prior history

A Puerto Rico law permits only United States citizens to practice privately as civil engineers. Appellees are alien civil engineers residing in Puerto Rico, one of whom (Flores de Otero) was denied a license under this law, and the other of whom (Perez Nogueiro) was granted only a conditional license to work for the Commonwealth. Each appellee brought suit for declaratory and injunctive relief against appellant Examining Board and its members in the United States District Court for the District of Puerto Rico, claiming jurisdiction under 28 U.S.C. § 1343(3) and alleging that the statute's citizenship requirement violated 42 U.S.C. § 1983.

See also

• List of United States Supreme Court cases, volume 426

References

1. Examining Board v. Flores de Otero, 426 U.S. 572 (1976).
2. Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 667

External links

• Text of Examining Board v. Flores de Otero, 426 U.S. 572 (1976) is available from: Findlaw Justia Oyez (oral argument audio)