Simon Kirk, a veterinarian and citizen of Canada, sought to obtain a license to practice veterinary medicine from the State of New York. Kirk was neither a U.S. citizen nor a permanent resident alien. However, he obtained an entry visa pursuant to NAFTA that permitted him to live and work in the United States on a temporary basis. Kirk was granted an entry visa for the specific purpose of allowing him to practice veterinary medicine in the United States. However, New York's education code restricted the issuance of veterinary licenses to U.S. citizens or aliens lawfully admitted for permanent residence in the United States. New York claimed the restriction protected the public as veterinarians routinely deal with issues affecting public health and safety including handling of controlled substances and involvement with the closely regulated horse racing industry. Furthermore, New York claimed temporarily admitted individuals did not have the same incentives to comply with New York law as citizens or permanent residents, and their eventual departure from the United States rendered enforcement difficult if not impossible.
Kirk filed a lawsuit against the New York Department of Education alleging that its restriction upon licensure was inconsistent with federal regulations implementing NAFTA and permitting him to temporarily enter the United States to practice veterinary science.
1. On what basis did the court determine that New York's licensing law for veterinarians was unconstitutional?
2. Do you agree with the justifications offered by New York with respect to limiting licensing to U.S. citizens and permanent residents? How much control should states have over licensing issues?
3. Despite striking down the licensing requirement, the court also held that not every state law that addresses aliens is an unconstitutional regulation. Under what circumstances would states be able to constitutionally regulate professional licensing and aliens? Are there other circumstances outside of licensing in which states could regulate aliens without violating the U.S. Constitution?