Plaintiffs claim the residency requirement violates three parts of the U.S. Constitution: (1) the Privileges & Immunities Clause, (2) the Dormant Commerce Clause, and (3) the Equal Protection Clause.
Similar suits in Oregon and Vermont were settled and the statutes were amended to remove the residency requirement. A suit in New Jersey has been briefed and is pending in the U.S. Court of Appeals for the Third Circuit.
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Jeff McComas |
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