Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988). · Go Syfert
Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988). Cases Citing This Book View Copy Cite
Quick Summary

A state residency requirement for admission to the bar without examination violates the Privileges and Immunities Clause because the discrimination is not closely drawn to a legitimate state interest.

A nonresident attorney applied for admission to the Virginia Bar on motion, but the state denied the request because the applicant was not a permanent resident of the Commonwealth. The question is whether this residency requirement violates the Privileges and Immunities Clause of the United States Constitution. The Court applies a two-step inquiry: first, determining if the activity is sufficiently basic to the livelihood of the nation, and second, determining if the restriction is closely related to the advancement of a substantial state interest. Because the practice of law is a protected privilege and the state failed to show that the residency requirement was closely related to substantial state objectives, the residency requirement is unconstitutional.

686 citation events (478 in the last 25 years) across 49 distinct courts.
Strongest positive: Paciulan v. George (cand, 1999-03-03)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Paciulan v. George (3×)
N.D. Cal. · 1999 · quote attribution · 3 verbatim quotes · confidence low
recognizing that 'the privileges and immunities clause protects more rights than those rights which are considered fundamental individual rights protected by the fourteenth amendment.
cited Cited as authority (rule) Balubhai G. Patel, et al. v. City of Henderson, et al.
D. Nev. · 2025 · confidence medium
Nev. 2009) (quoting Supreme 8 Court of Va. v. Friedman, 487 U.S. 59, 64 (1988)).
discussed Cited as authority (rule) Polk v. Director of the Dept. of Consumer and Business Services (2×)
D. Or. · 2025 · confidence medium
Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 64 (1988).
discussed Cited as authority (rule) Burke v. Lea County Board of County Commissioners
D.N.M. · 2025 · confidence medium
Va. v. Friedman, 487 U.S. 59, 64 (1988) (quoting United Bldg. & Constr.
discussed Cited as authority (rule) McBride v. Hawkins
E.D. Cal. · 2024 · confidence medium
“A challenge under the Privileges and Immunities Clause entails 7 ‘a two-step inquiry.’” Marilley v. Bonham, 844 F.3d 841, 846 (9th Cir. 2016) (en banc) (quoting 8 Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 64 (1988)).
discussed Cited as authority (rule) GOVATOS v. MURPHY (2×)
D.N.J. · 2024 · confidence medium
Ct. of Va. v. Friedman, 487 U.S. 59, 64 (1988).
discussed Cited as authority (rule) T.W. v. New York State Board of Law Examiners
2d Cir. · 2024 · confidence medium
Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 68 (1988) (referencing the bar exam as being a hurdle to “professional licensure”); United States v. Novak, 903 F.2d 883, 888 (2d Cir. 1990) (describing passing the bar as “meet[ing] the threshold criteria of competence in the law”).
discussed Cited as authority (rule) Nathan Daniel Olsen v. State of Iowa (2×) also: Cited "see, e.g."
Iowa · 2024 · confidence medium
“When examining claims that a citizenship or residency classification of- fends privileges and immunities protections, we undertake a two-step inquiry.” Sup. Ct. v. Friedman, 487 U.S. 59, 64 (1988); see also Democko v. Iowa Dep’t of Nat.
cited Cited as authority (rule) Campbell v. Hobbs
D. Ariz. · 2023 · confidence medium
Agents & Brokers v. Molasky-Arman, 522 F.3d 925, 934 (9th Cir. 2008) 23 (quoting Supreme Court of Virginia v. Friedman, 487 U.S. 59, 64 (1988)).
discussed Cited as authority (rule) Chris Brusznicki v. Prince George's County (2×) also: Cited "see, e.g."
4th Cir. · 2022 · confidence medium
At the threshold, “the activity in question must be sufficiently basic to the livelihood of the Nation” so “as to fall within the purview of the Privileges and Immunities Clause.” Supreme Ct. of Va. v. Friedman, 487 U.S. 59, 64 (1988) (cleaned up) (citation omitted).
discussed Cited as authority (rule) Jones v. Cuomo, in his official capacity as the Governor of New York
S.D.N.Y. · 2021 · confidence medium
Opp. 13 (emphasis in original)), but argues that it nonetheless has the effect of discriminating against non-New York residents who are unable to quarantine in the comfort (id.).6 Significantly, however, a plaintiff asserting a Privileges and Immunities Clause challenge must demonstrate “that the state has burdened nonresident activity that is ‘sufficiently basic to the livelihood of the Nation as to fall within the purview of the Privileges and Immunities Clause.’” See Schoenefeld, 821 F.3d at 279 (quoting Supreme Court of Va. v. Friedman, 487 U.S. 59, 64 (1988)).
discussed Cited as authority (rule) Paradise Point, LLC v. Prince George's County
D. Maryland · 2021 · confidence medium
Second, if the challenged restriction deprives nonresidents of a protected privilege, [the court] will invalidate it only if [it] conclude[s] that the restriction is not closely related to the advancement of a substantial state interest.” Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 64-65 (1988). 1.
discussed Cited as authority (rule) Baltas v. Maiga
D. Conn. · 2020 · confidence medium
To prevail on a claim under the Privileges and Immunities Clause, a plaintiff must demonstrate that a state has burdened nonresident activity that is “sufficiently basic to the livelihood of the Nation as to fall within the purview of the Privileges and Immunities Clause.” Schoenefeld, 821 F.3d at 279 (quoting Supreme Court of Va. v. Friedman, 487 U.S. 59, 64 (1988)).
discussed Cited as authority (rule) Miller v. Semple
D. Conn. · 2019 · confidence medium
To prevail on a claim under the Privileges and Immunities Clause, a plaintiff must demonstrate that a state has burdened nonresident activity that is “sufficiently basic to the livelihood of the Nation as to fall within the purview of the Privileges and Immunities Clause.” Schoenefeld, 821 F.3d at 279 (quoting Supreme Court of Va. v. Friedman, 487 U.S. 59, 64 (1988)).
discussed Cited as authority (rule) Clement v. Durban
NY · 2018 · confidence medium
Footnote 3: Although the Privileges and Immunities Clause and many of the cases interpreting it use the term "citizens," "for analytic purposes citizenship and residency are essentially interchangeable" ( Supreme Court of Va. v Friedman , 487 US 59, 64 [1988]).
examined Cited as authority (rule) Kevin Marilley v. Charlton Bonham (9×) also: Cited "see, e.g."
9th Cir. · 2016 · confidence medium
It is California that shoulders the burden to demonstrate that its discrimination “bears a close relation to the achievement- of substantial state objectives.” Friedman, 487 U.S. at 70, 108 S.Ct. 2260 .
examined Cited as authority (rule) Kevin Marilley v. Charlton Bonham (4×) also: Cited "see, e.g."
9th Cir. · 2016 · confidence medium
A challenge under the Privileges and Immunities Clause entails “a two-step inquiry.” Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 64 (1988); United Bldg. and Constr.
examined Cited as authority (rule) Schoenefeld v. Schneiderman (20×) also: Cited "see", Cited "see, e.g."
2d Cir. · 2016 · confidence medium
It is toward that end that the Clause “prevents a State from discriminating against citizens of other States in favor of its own.” Id. (internal quotation marks omitted). 3 Although the Privileges and Immunities Clause speaks in terms of citizens, it is now well established that “for analytic purposes citizenship and residency are essentially interchangeable.” Supreme Court of Va. v. Friedman, 487 U.S. 59, 64 (1988). 11 The Privileges and Immunities Clause, however, is “not an absolute” that precludes states from ever distinguishing between citizens and noncitizens.
examined Cited as authority (rule) Kevin Marilley v. Charlton Bonham (5×) also: Cited "see, e.g."
9th Cir. · 2015 · confidence medium
BONHAM other States, so far as the advantages resulting from citizenship in those States are concerned.’” Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 64 (1988) (quoting Paul v. Virginia, 75 U.S. (8 Wall.) 168, 180 (1869)); see also Toomer v. Witsell, 334 U.S. 385, 395 (1948) (The Clause “was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy.”).
cited Cited as authority (rule) Metropolitan Washington Chapter, Associated Builders and Contractors, Inc. v. District of Columbia
D.D.C. · 2014 · confidence medium
Supreme Court of Virginia v. Friedman, 487 U.S. 59, 64 (1988) (internal quotation marks and citations omitted).
examined Cited as authority (rule) Peterson v. Martinez (5×)
10th Cir. · 2013 · confidence medium
As the Supreme Court explained in Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988), “it is only with respect to those ‘privileges’ and ‘immunities’ bearing on the vitality of the Nation as a single entity that a State must accord residents and nonresidents equal treatment.” Id. at 64-65 (quotations and citations omitted).
discussed Cited as authority (rule) State v. Chettero
Utah · 2013 · confidence medium
Md. 1999) (observing that a mere traffic stop probably does not implicate the first component of the right to travel). 3 This is consistent with the U.S. Supreme Court’s pronounce- ment that the Privileges and Immunities Clause applies only to rights that “bear[] on the vitality of the Nation as a single entity” and are “sufficiently basic to the livelihood of the Nation.” Su- preme Court of Virginia v. Friedman, 487 U.S. 59, 64 (1988) (internal quotation marks omitted). 6 Cite as: 2013 UT 9 Opinion of the Court 2 ¶19 Chettero’s parallel claim of selective enforcement of the traff…
discussed Cited as authority (rule) State v. Chettero
Utah · 2013 · confidence medium
Md. 1999) (observing that a mere traffic stop probably does not implicate the first component of the right to travel). 3 This is consistent with the U.S. Supreme Court‘s pronounce- ment that the Privileges and Immunities Clause applies only to rights that ―bear[] on the vitality of the Nation as a single entity‖ and are ―sufficiently basic to the livelihood of the Nation.‖ Su- preme Court of Virginia v. Friedman, 487 U.S. 59, 64 (1988) (internal quotation marks omitted). 6 Cite as: 2013 UT 9 Opinion of the Court 2 ¶19 Chettero‘s parallel claim of selective enforcement of the traff…
examined Cited as authority (rule) Mark McBurney v. Nathaniel Young (3×) also: Cited "see"
4th Cir. · 2012 · confidence medium
The Supreme Court has articulated a two-step inquiry to determine whether "claims that a citizenship or residency classification offends privileges and immunities protections." Supreme Court of Va. v. Friedman, 487 U.S. 59, 64 (1988).
discussed Cited as authority (rule) McBurney v. Cuccinelli
4th Cir. · 2010 · confidence medium
Supreme Court of Va. v. Friedman, 487 U.S. 59, 70 (1988) (holding "that Virginia’s residency requirement for admission to the State’s bar without examination violates the Privileges and Immunities Clause").
discussed Cited as authority (rule) McBurney v. Cuccinelli
4th Cir. · 2010 · confidence medium
Supreme Court of Va. v. Friedman, 487 U.S. 59, 70 (1988) (holding "that Virginia’s residency requirement for admission to the State’s bar without examination violates the Privileges and Immunities Clause").
examined Cited as authority (rule) Council of Insurance v. Molasky-Arman (4×)
9th Cir. · 2008 · confidence medium
Privileges and Immunities Clause of Article IV As noted, the Privileges and Immunities Clause of Article IV provides that the “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” “While the Privileges and Immunities Clause cites the term ‘Citizens,’ for analytic purposes citizenship and resi- dency are essentially interchangeable.” Supreme Court of Vir- ginia v. Friedman, 487 U.S. 59, 64 (1988).
cited Cited as authority (rule) In re Conner
Vt. · 2006 · confidence medium
Sup. Ct. of Va. v. Friedman, 487 U.S. 59, 64-65 (1988).
examined Cited as authority (rule) Bach v. Pataki (6×) also: Cited "see, e.g."
2d Cir. · 2005 · confidence medium
See Piper, 470 U.S. at 275-76 , 105 S.Ct. 1272 ; id. at 288 , 105 S.Ct. 1272 (White, J., concurring); Friedman, 487 U.S. at 61, 68-69 , 108 S.Ct. 2260 .
examined Cited as authority (rule) Bach v. Pataki (6×) also: Cited "see, e.g."
2d Cir. · 2005 · confidence medium
See Piper, 470 U.S. at 275-76 , 105 S.Ct. 1272 ; id. at 288 , 105 S.Ct. 1272 (White, J., concurring); Friedman, 487 U.S. at 61, 68-69 , 108 S.Ct. 2260 .
examined Cited as authority (rule) Nelson v. Geringer (5×) also: Cited "see, e.g."
10th Cir. · 2002 · confidence medium
Id at 64-65, 108 S.Ct. 2260 (quotations and citations omitted).
discussed Cited as authority (rule) Niedle v. Workers' Compensation Appeals Board
Cal. Ct. App. · 2001 · confidence medium
(Supreme Court of Virginia v. Friedman (1988) 487 U.S. 59, 64-65 [ 108 S.Ct. 2260, 2263-2265 , 101 L.Ed.2d 56 ]; Baldwin v. Montana Fish and Game Comm’n, supra, 436 U.S. at p. 383 [98 S.Ct. at p. 1860].) Application of these principles demonstrates Labor Code section 4644, subdivision (g) does not violate any travel right premised on the privileges and immunities clause.
discussed Cited as authority (rule) Parnell v. WV Supreme Court (2×) also: Cited "see"
4th Cir. · 1997 · confidence medium
These cases include Barnard v. Thorstenn, 489 U.S. 546 (1989) (rule requiring applicants (i) to live in Virgin Islands for one year prior to applying for bar admission and (ii) to state their intent to remain in Virgin Islands violated the Privileges and Immunities Clause); Friedman, 487 U.S. at 59 (rule requiring Virginia residency as a condi- tion for reciprocal, examination free, admission to Virginia bar by lawyer licensed in another state violated the Privileges and Immunities Clause); Piper, 470 U.S. at 274 (rule limiting bar admission to state residents vio- lated Privileges and Immunit…
examined Cited as authority (rule) Albert H. Parnell v. The Supreme Court of Appeals of West Virginia West Virginia State Bar (4×) also: Cited "see"
4th Cir. · 1997 · confidence medium
These cases include Barnard v. Thorstenn, 489 U.S. 546 , 109 S.Ct. 1294 , 103 L.Ed.2d 559 (1989) (rule requiring applicants (i) to live in Virgin Islands for one year prior to applying for bar admission and (ii) to state their intent to remain in Virgin Islands violated the Privileges and Immunities Clause); Friedman, 487 U.S. at 59 , 108 S.Ct. at 2261-62 (rule requiring Virginia residency as a condition for reciprocal, examination free, admission to Virginia bar by lawyer licensed in another state violated the Privileges and Immunities Clause); Piper, 470 U.S. at 274 , 105 S.Ct. at 1273-74 (r…
cited Cited as authority (rule) Parnell v. Supreme Court of Appeals of West Virginia
N.D.W. Va. · 1996 · confidence medium
Friedman, supra 487 U.S. at 64-65 , 108 S.Ct. at 2264 (citations omitted).
examined Cited "see" National Ass'n for the Advancement of Multijurisdiction Practice v. Lynch (3×)
4th Cir. · 2016 · signal: see · confidence high
See Supreme Court of Va. v. Friedman, 487 U.S. 59 , 63 n. *, 108 S.Ct. 2260 , 101 L.Ed.2d 56 (1988); Frazier v. Heebe, 482 U.S. 641, 645 , 107 S.Ct. 2607 , 96 L.Ed.2d 557 (1987); Supreme Court of N.H. v. Piper, 470 U.S. 274 , 277 n. 3, 105 S.Ct. 1272 , 84 L.Ed.2d 205 (1985).
cited Cited "see" NAAMJP v. Loretta Lynch
4th Cir. · 2016 · signal: see · confidence high
See Supreme Court of Va. v. Friedman, 487 U.S. 59 , 63 n.* (1988); Frazier v. Heebe, 482 U.S. 641, 645 (1987); Supreme Court of N.H. v. Piper, 470 U.S. 274 , 277 n.3 (1985).
examined Cited "see" Malla Pollack v. James C. Duff (3×)
D.C. Cir. · 2015 · signal: see · confidence high
See Supreme Court of Va. v. Friedman, 487 U.S. 59, 62, 64-70 , 108 S.Ct. 2260 , 101 L.Ed.2d 56 (1988); Supreme Court of N.H. v. Piper, 470 U.S. 274, 276, 279-87 , 105 S.Ct. 1272 , 84 L.Ed.2d 205 (1985).
discussed Cited "see" National Ass'n for the Advancement of Multijurisdiction Practice v. Berch (2×)
9th Cir. · 2014 · signal: see · confidence high
See Friedman, 487 U.S. at 65 , 108 S.Ct. 2260 .
cited Cited "see" Jerome Dewald v. Gene Wriggelsworth
6th Cir. · 2014 · signal: see · confidence high
See 487 U.S. at 63-64, 108 S.Ct. 2260 .
examined Cited "see" National Ass'n for the Advancement of Multijurisdiction Practice v. Berch (3×)
D. Ariz. · 2013 · signal: see · confidence high
See Sup. Ct. of Va. v. Friedman, 487 U.S. 59 , 108 S.Ct. 2260 , 101 L.Ed.2d 56 (1988); Piper, 470 U.S. 274 , 105 S.Ct. 1272 .
discussed Cited "see" Mark McBurney v. Nathaniel Young (2×)
4th Cir. · 2012 · signal: see · confidence high
See Friedman v. Supreme Court of Va., 822 F.2d 423, 427 (4th Cir.1987), aff'd by Friedman, 487 U.S. 59 , 108 S.Ct. 2260 .
discussed Cited "see" Schoenefeld v. New York (2×)
N.D.N.Y. · 2011 · signal: see · confidence high
See Friedman, 487 U.S. at 63, 70 , 108 S.Ct. 2260 .
examined Cited "see" Kleinsmith v. Shurtleff (5×)
10th Cir. · 2009 · signal: see · confidence high
See Sup.Ct. of Va. v. Friedman, 487 U.S. 59, 64 , 108 S.Ct. 2260 , 101 L.Ed.2d 56 (1988). “[T]he purpose of that clause ... is to outlaw classifications based on the fact of non-citizenship unless there is something to indicate that non-citizens constitute a peculiar source of the evil at which the statute is aimed.” Toomer v. Witsell, 334 U.S. 385, 398 , 68 S.Ct. 1156 , 92 L.Ed. 1460 (1948).
examined Cited "see" Morrison v. BOARD OF LAW EXAMINERS OF STATE OF NC (5×) also: Cited "see, e.g."
E.D.N.C. · 2005 · signal: see · confidence high
See Friedman, 487 U.S. at 66-67 , 108 S.Ct. 2260 . 2 .
discussed Cited "see" C.S. McCrossan Construction, Inc. v. Rahn (2×)
D.N.M. · 2000 · signal: see · confidence high
See Friedman, 487 U.S. at 69 , 108 S.Ct. 2260 .
examined Cited "see" Tolchin v. Supreme Court of the State of New Jersey (11×) also: Cited "see, e.g."
3rd Cir. · 1997 · signal: see · confidence high
See Friedman, 487 U.S. at 69-70 , 108 S.Ct. at 2266-67 (recognizing that an in-state office requirement was an appropriate and less restrictive means of enforcing Virginia's full time practice restriction). 79 Similarly, the mandatory attendance requirement applies equally to residents and nonresidents.
examined Cited "see" Tolchin v. Supreme Court of New Jersey (11×) also: Cited "see, e.g."
3rd Cir. · 1997 · signal: see · confidence high
See Friedman, 487 U.S. at 69-70 , 108 S.Ct. at 2266-67 (recognizing that an in-state office requirement was an appropriate and less restrictive means of enforcing Virginia’s full time practice restriction).
discussed Cited "see" Neal Kirkpatrick v. Leander J. Shaw, Jr., John H. Moore (2×)
11th Cir. · 1995 · signal: see · confidence high
See Supreme Court of Virginia v. Friedman, 487 U.S. 59, 65 , 108 *103 S.Ct. 2260, 2264-65, 101 L.Ed.2d 56 (1988) (disparate treatment of nonresident bar applicants violates Privileges and Immunities Clause); Supreme Court of New Hampshire v. Piper, 470 U.S. 274, 288 , 105 S.Ct. 1272, 1280 , 84 L.Ed.2d 205 (1985) (residency requirement for bar applicants held unconstitutional); Giannini v. Real, 911 F.2d 354, 357 (9th Cir.) (requiring out-of-state attorneys to take the California bar does not violate the Privileges and Immunities Clause because there is no disparate treatment of nonresidents), …
examined Cited "see" Taylor v. Rorke (3×)
N.J. Super. Ct. App. Div. · 1995 · signal: see · confidence high
See Supreme Court of Virginia v. Friedman, 487 U.S. 59, 70 , 108 S.Ct. 2260, 2267 , 101 L.Ed. 2d 56, 67 (1988) (holding that a statute requiring state residency in order to be licensed to practice law within the state was unconstitutional); Supreme Court of New Hampshire v. Piper, 470 U.S. 274, 288 , 105 S.Ct. *70 1272, 1280, 84 L.Ed. 2d 205, 216 (1985) (holding that the right to practice law is a sufficiently important and "fundamental" right, that this privilege may not be limited to state residents); Hicklin v. Orbeck, 437 U.S. 518, 526 , 98 S.Ct. 2482, 2488 , 57 L.Ed. 2d 397, 405 (1978) (h…
Retrieving the full opinion text from the archive…
SUPREME COURT OF VIRGINIA Et Al.
v.
FRIEDMAN
87-399.
Supreme Court of the United States.
Jun 20, 1988.
487 U.S. 59
1988 U.S. LEXIS 2746
Gregory E. Lucyk, Assistant Attorney General of Virginia, argued the cause for appellants. With him on the briefs were Mary Sue Terry, Attorney General, Gail Starling Marshall, Deputy Attorney General, and William H. Hauser, Senior Assistant Attorney General., Cornish F. Hitchcock argued the cause for appellee. With him on the brief were Alan B. Morrison' and John J. McLaughlin. *
Kennedy, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Rehnquist, Scalia.
Cited by 131 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: N.D. California (3)

Lead Opinion

[*61] Justice Kennedy

Qualified lawyers admitted to practice in other States may be admitted to the Virginia Bar “on motion,” that is, without taking the bar examination which Virginia otherwise requires. The State conditions such admission on a showing, among other matters, that the applicant is a permanent resident of Virginia. The question for decision is whether this residency requirement violates the Privileges and Immunities Clause of the United States Constitution, Art. IV, § 2, cl. 1. We hold that it does.

I

Myrna E. Friedman was admitted to the Illinois Bar by examination in 1977 and to the District of Columbia Bar by reciprocity in 1980. From 1977 to 1981, she was employed by the Department of the Navy in Arlington, Virginia, as a civilian attorney, and from 1982 until 1986, she was an attorr ney in private practice in Washington, D. C. In January 1986, she became associate general counsel for ERC International, Inc., a Delaware corporation. Friedman practices and maintains her offices at the company’s principal place of business in Vienna, Virginia. Her duties at ERC International include drafting contracts and advising her employer and its subsidiaries on matters of Virginia law.

From 1977 to early 1986, Friedman lived in Virginia. In February 1986, however, she married and moved to her husband’s home in Cheverly, Maryland. In June 1986, Friedman applied for admission to the Virginia Bar on motion.

The applicable rule, promulgated by the Supreme Court of Virginia pursuant to statute, is Rule 1A:1. The Rule permits admission on motion of attorneys who are licensed[*62] to practice in another jurisdiction, provided the other jurisdiction admits Virginia attorneys without examination. The applicant must have been licensed for at least five years and the Virginia Supreme Court must determine that the applicant:

“(a) Is a proper person to practice law.
“(b) Has made such progress in the practice of law that it would be unreasonable to require him to take an examination.
“(c) Has become a permanent resident of the Commonwealth.
“(d) Intends to practice full time as a member of the Virginia bar.”

In a letter accompanying her application, Friedman alerted the Clerk of the Virginia Supreme Court to her change of residence, but argued that her application should nevertheless be granted. Friedman gave assurance that she would be engaged full-time in the practice of law in Virginia, that she would be available for service of process and court appearances, and that she would keep informed of local rules. She also asserted that “there appears to be no reason to discriminate against my petition as a nonresident for admission to the Bar on motion,” that her circumstances fit within the purview of this Court’s decision in Supreme Court of New Hampshire v. Piper, 470 U. S. 274 (1985), and that accordingly she was entitled to admission under the Privileges and Immunities Clause of the Constitution, Art. IV, §2, cl. 1. See App. 34-35.

The Clerk wrote Friedman that her request had been denied. He explained that because Friedman was no longer a permanent resident of the Commonwealth of Virginia, she was not eligible for admission to the Virginia Bar pursuant to Rule 1A:1. He added that the court had concluded that our decision in Piper, which invalidated a residency requirement imposed on lawyers who had passed a State’s bar examination, was “not applicable” to the “discretionary requirement[*63] in Rule 1A:1 of residence as a condition of admission by reciprocity.” App. 51-52.

Friedman then commenced this action, against the Supreme Court of Virginia and its Clerk, in the United States District Court for the Eastern District of Virginia. She alleged that the residency requirement of Rule 1A:1 violated the Privileges and Immunities Clause. The District Court entered summary judgment in Friedman’s favor, holding that the requirement of residency for admission without examination violates the Clause.*

The Court of Appeals for the Fourth Circuit unanimously affirmed. 822 F. 2d 423 (1987). The court first rejected appellants’ threshold contention that the Privileges and Immunities Clause was not implicated by the residency requirement of Rule 1A:1 because the Rule did not absolutely prohibit the practice of law in Virginia by nonresidents. Id., at 427-428. Turning to the justifications offered for the Rule, the court rejected, as foreclosed by Piper, the theory that the different treatment accorded to nonresidents could be justified by the State’s interest in enhancing the quality of legal practitioners. The court was also unpersuaded by appellant’s contention that the residency requirement promoted compliance with the Rule’s full-time practice requirement, an argument the court characterized as an unsupported assertion that “residents are more likely to honor their commitments to practice full-time in Virginia than are nonresidents.” Id., at 429. Thus, the court concluded that there was no substantial reason for the Rule’s discrimination against nonresidents, and that the discrimination did not bear[*64] a substantial relation to the objectives proffered by appellants.

The Supreme Court of Virginia and its Clerk filed a timely notice of appeal. We noted probable jurisdiction, 484 U. S. 923 (1987), and we now affirm.

I — I 1 — 4

Article IV, §2, cl. 1, of the Constitution provides that the “Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” The provision was designed “to place the citizens of each State upon the same footing with citizens of other States, so far as the advantages resulting from citizenship in those States are concerned.” Paul v. Virginia, 8 Wall. 168, 180 (1869). See also Toomer v. Witsell, 334 U. S. 385, 395 (1948) (the Privileges and Immunities Clause “was designed to insure to a citizen of State A who ventures into State B the same privileges which the citizens of State B enjoy”). The Clause “thus establishes a norm of comity without specifying the particular subjects as to which citizens of one State coming within the jurisdiction of another are guaranteed equality of treatment.” Austin v. New Hampshire, 420 U. S. 656, 660 (1975).

While the Privileges and Immunities Clause cites the term “Citizens,” for analytic purposes citizenship and residency are essentially interchangeable. See United Building & Construction Trades Council v. Mayor and Council of Camden, 465 U. S. 208, 216 (1984). When examining claims that a citizenship or residency classification offends privileges and immunities protections, we undertake a two-step inquiry. First, the activity in question must be “ ‘sufficiently basic to the livelihood of the Nation’ ... as to fall within the purview of the Privileges and Immunities Clause . . . .” Id., at 221-222, quoting Baldwin v. Montana Fish & Game Comm’n, 436 U. S. 371, 388 (1978). For it is “‘[ojnly with respect to those “privileges” and “immunities” bearing on the vitality of the Nation as a single entity’ that a State must ac[*65] cord residents and nonresidents equal treatment.” Supreme Court of New Hampshire v. Piper, 470 U. S., at 279, quoting Baldwin, supra, at 383. Second, if the challenged restriction deprives nonresidents of a protected privilege, we will invalidate it only if we conclude that the restriction is not closely related to the advancement of a substantial state interest. Piper, supra, at 284. Appellants assert that the residency requirement offends neither part of this test. We disagree.

A

Appellants concede, as they must, that our decision in Piper establishes that a nonresident who takes and passes an examination prescribed by the State, and who otherwise is qualified for the practice of law, has an interest in practicing law that is protected by the Privileges and Immunities Clause. Appellants contend, however, that the discretionary admission provided for by Rule 1A:1 is not a privilege protected by the Clause for two reasons. First, appellants argue that the bar examination “serves as an adequate, alternative means of gaining admission to the bar. ” Brief for Appellants 20. In appellants’ view, “[s]o long as any applicant may gain admission to a State’s bar, without regard to residence, by passing the bar examination,” id., at 21, the State cannot be said to have discriminated against nonresidents “as a matter of fundamental concern.” Id., at 19. Second, appellants argue that the right to admission on motion is not within the purview of the Clause because, without offense to the Constitution, the State could require all bar applicants to pass an examination. Neither argument is persuasive.

We cannot accept appellants’ first theory because it is quite inconsistent with our precedents. We reaffirmed in Piper the well-settled principle that “‘one of the privileges which the Clause guarantees to citizens of State A is that of doing business in State B on terms of substantial equality with the citizens of that State.’” Piper, supra, at 280, quoting Toomer v. Witsell, supra, at 396. See also[*66] United Building & Construction Trades Council, supra, at 219 (“Certainly, the pursuit of a common calling is one of the most fundamental of those privileges protected by the Clause”). After reviewing our precedents, we explicitly held that the practice of law, like other occupations considered in those cases, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. See Piper, supra, at 280-281. The clear import of Piper is that the Clause is implicated whenever, as is the case here, a State does not permit qualified nonresidents to practice law within its borders on terms of substantial equality with its own residents.

Nothing in our precedents, moreover, supports the contention that the Privileges and Immunities Clause does not reach a State’s discrimination against nonresidents when such discrimination does not result in their total exclusion from the State. In Ward v. Maryland, 12 Wall. 418 (1871), for example, the Court invalidated a statute under which residents paid an annual fee of $12 to $150 for a license to trade foreign goods, while nonresidents were required to pay $300. Similarly, in Toomer, supra, the Court held that nonresident fishermen could not be required to pay a license fee 100 times the fee charged to residents. In Hicklin v. Orbeck, 437 U. S. 518 (1978), the Court invalidated a statute requiring that residents be hired in preference to nonresidents for all positions related to the development of the State’s oil and gas resources. Indeed, as the Court of Appeals correctly noted, the New Hampshire rule struck down in Piper did not result in the total exclusion of nonresidents from the practice of law in that State. 822 F. 2d, at 427 (citing Piper, supra, at 277, n. 2).

Further, we find appellants’ second theory — that Virginia could constitutionally require that all applicants to its bar take and pass an examination — quite irrelevant to the question whether the Clause is applicable in the circumstances of this case. A State’s abstract authority to require from[*67] resident and nonresident alike that which it has chosen to demand from the nonresident alone has never been held to shield the discriminatory distinction from the reach of the Privileges and Immunities Clause. Thus, the applicability of the Clause to the present case no more turns on the legality vel non of an examination requirement than it turned on the inherent reasonableness of the fees charged to nonresidents in Toomer and Ward. The issue instead is whether the State has burdened the right to practice law, a privilege protected by the Privileges and Immunities Clause, by discriminating among otherwise equally qualified applicants solely on the basis of citizenship or residency. We conclude it has.

B

Our conclusion that the residence requirement burdens a privilege protected by the Privileges and Immunities Clause does not conclude the matter, of course; for we repeatedly have recognized that the Clause, like other constitutional provisions, is not an absolute. See, e. g., Piper, supra, at 284; United Building & Construction Trades Council, 465 U. S., at 222; Toomer, 334 U. S., at 396. The Clause does not preclude disparity in treatment where substantial reasons exist for the discrimination and the degree of discrimination bears a close relation to such reasons. See United Building & Construction Trades Council, supra, at 222. In deciding whether the degree of discrimination bears a sufficiently close relation to the reasons proffered by the State, the Court has considered whether, within the full panoply of legislative choices otherwise available to the State, there exist alternative means of furthering the State’s purpose without implicating constitutional concerns. See Piper, supra, at 284.

Appellants offer two principal justifications for the Rule’s requirement that applicants seeking admission on motion reside within the Commonwealth of Virginia. First, they contend that the residence requirement assures, in tandem with[*68] the full-time practice requirement, that attorneys admitted on motion will have the same commitment to service and familiarity with Virginia law that is possessed by applicants securing admission upon examination. Attorneys admitted on motion, appellants argue, have “no personal investment” in the jurisdiction; consequently, they “are entitled to no presumption that they will willingly and actively participate in bar activities and obligations, or fulfill their public service responsibilities to the State’s client community.” Brief for Appellants 26-27. Second, appellants argue that the residency requirement facilitates enforcement of the full-time practice requirement of Rule 1A:1. We find each of these justifications insufficient to meet the State’s burden of showing that the discrimination is warranted by a substantial state objective and closely drawn to its achievement.

We acknowledge that a bar examination is one method of assuring that the admitted attorney has a stake in his or her professional licensure and a concomitant interest in the integrity and standards of the bar. A bar examination, as we know judicially and from our own experience, is not a casual or lighthearted exercise. The question, however, is whether lawyers who are admitted in other States and seek admission in Virginia are less likely to respect the bar and further its interests solely because they are nonresidents. We cannot say this is the case. While Pvper relied on an examination requirement as an indicium of the nonresident’s commitment to the bar and to the State’s legal profession, see Piper, 470 U. S., at 285, it does not follow that when the State waives the examination it may make a distinction between residents and nonresidents.

Friedman’s case proves the point. She earns her living working as an attorney in Virginia, and it is of scant relevance that her residence is located in the neighboring State of Maryland. It is indisputable that she has a substantial stake in the practice of law in Virginia. Indeed, despite appellants’ suggestion at oral argument that Friedman’s case is[*69] “atypical,” Tr. of Oral Arg. 51, the same will likely be true of all nonresident attorneys who are admitted on motion to the Virginia Bar, in light of the State’s requirement that attorneys so admitted show their intention to maintain an office and a regular practice in the State. See Application of Brown, 213 Va. 282, 286, n. 3, 191 S. E. 2d 812, 815, n. 3 (1972) (interpreting full-time practice requirement of Rule 1A:1). This requirement goes a long way toward ensuring that such attorneys will have an interest in the practice of law in Virginia that is at least comparable to the interest we ascribed in Piper to applicants admitted upon examination. Accordingly, we see no reason to assume that nonresident attorneys who, like Friedman, seek admission to the Virginia bar on motion will lack adequate incentives to remain abreast of changes in the law or to fulfill their civic duties.

Further, to the extent that the State is justifiably concerned with ensuring that its attorneys keep abreast of legal developments, it can protect these interests through other equally or more effective means that do not themselves infringe constitutional protections. While this Court is not well positioned to dictate specific legislative choices to the State, it is sufficient to note that such alternatives exist and that the State, in the exercise of its legislative prerogatives, is free to implement them. The Supreme Court of Virginia could, for example, require mandatory attendance at periodic continuing legal education courses. See Piper, supra, at 285, n. 19. The same is true with respect to the State’s interest that the nonresident bar member does his or her share of volunteer and pro bono work. A “nonresident bar member, like the resident member, could be required to represent indigents and perhaps to participate in formal legal-aid work.” Piper, supra, at 287 (footnote omitted).

We also reject appellants’ attempt to justify the residency restriction as a necessary aid to the enforcement of the full-time practice requirement of Rule 1A:1. Virginia already requires, pursuant to the full-time practice restriction of Rule[*70] 1A:1, that attorneys admitted on motion maintain an office for the practice of law in Virginia. As the Court of Appeals noted, the requirement that applicants maintain an office in Virginia facilitates compliance with the full-time practice requirement in nearly the identical manner that the residency restriction does, rendering the latter restriction largely redundant. 822 F. 2d, at 429. The office requirement furnishes an alternative to the residency requirement that is not only less restrictive, but also is fully adequate to protect whatever interest the State might have in the full-time practice restriction.

Ill

We hold that Virginia’s residency requirement for admission to the State’s bar without examination violates the Privileges and Immunities Clause. The nonresident’s interest in practicing law on terms of substantial equality with those enjoyed by residents is a privilege protected by the Clause. A State may not discriminate against nonresidents unless it shows that such discrimination bears a close relation to the achievement of substantial state objectives. Virginia has failed to make this showing. Accordingly, the judgment of the Court of Appeals is affirmed.

It is so ordered.

The District Court did not address Friedman’s claims that the residency requirement of Rule 1A:1 also violates the Commerce Clause and the Equal Protection Clause of the Fourteenth Amendment. The Court of Appeals did not pass on these contentions either, and our resolution of Friedman’s claim that the residency requirement violates the Privileges and Immunities Clause makes it unnecessary for us to reach them.

Dissent

Chief Justice Rehnquist,

with whom Justice Scalia joins, dissenting.

Three Terms ago the Court invalidated a New Hampshire Bar rule which denied admission to an applicant who had passed the state bar examination because she was not, and would not become, a resident of the State. Supreme Court of New Hampshire v. Piper, 470 U. S. 274 (1985). In the present case the Court extends the reasoning of Piper to invalidate a Virginia Bar rule allowing admission on motion without examination to qualified applicants, but restricting the privilege to those applicants who have become residents of the State.

[*71] For the reasons stated in my dissent in Piper, I also disagree with the Court’s decision in this case. I continue to believe that the Privileges and Immunities Clause of Article IV, § 2, does not require States to ignore residency when admitting lawyers to practice in the way that they must ignore residency when licensing traders in foreign goods, Ward v. Maryland, 12 Wall. 418 (1871), or when licensing commercial shrimp fishermen, Toomer v. Witsell, 334 U. S. 385 (1948).

I think the effect of today’s decision is unfortunate even apart from what I believe is its mistaken view of the Privileges and Immunities Clause. Virginia’s rule allowing admission on motion is an ameliorative provision, recognizing the fact that previous practice in another State may qualify a new resident of Virginia to practice there without the necessity of taking another bar examination. The Court’s ruling penalizes Virginia, which has at least gone part way towards accommodating the present mobility of our population, but of course leaves untouched the rules of those States which allow no reciprocal admission on motion.* Virginia may of course retain the privilege of admission on motion without enforcing a residency requirement even after today’s decision, but it might also decide to eliminate admission on motion altogether.

At present, 28 states do not allow reciprocal admission on motion: Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Idaho, Kansas, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Washington, and Wyoming.