U.S. District Court Strikes Down New York State Law that Discriminated Against Out-of-State Attorneys

On September 7, U.S. District Court Judge Lawrence E. Kahn struck down a New York state law that requires attorneys who practice law in New York, but who do not live there, to have an office in New York state. By contrast, New York attorneys who reside in New York need not have an office, and may work from home. The case is Schoenefeld v State of New York, 1:09-cv-00504, northern district.

The case was filed by Ekaterina Schoenefeld, who represented herself and lives in New Jersey.

The decision may be useful if and when any petition circulator sues New York state to overturn the law that bans out-of-state petitioners. Many of the justifications New York offered in defense of its policy on attorneys apply equally to petitioners.


Comments

U.S. District Court Strikes Down New York State Law that Discriminated Against Out-of-State Attorneys — No Comments

  1. Per usual – each State happens to be a NATION-State.

    1776 DOI
    1777 Art. Confed.
    1783 U.S.A. -Brit Peace Treaty
    1787 Const – esp. Art. VII, Art.V, Art.I, Sec. 10.

    Brain dead ignorance about the BASIC structure of the *Union* since about 1800 — 2 levels of govt — with separate and UN-equal legislative, executive and judicial powers.

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