COURT CONFIRMS N.Y. PHARMACY LICENSING LAW UNCONSTITUTIONAL

he United States Court of Appeals for the Second Circuit (the highest federal court in N.Y. State) has affirmed a lower court's decision that a N.Y. law, which restricted pharmacist licenses to U.S. citizens and permanent residents, violated the U.S. Constitution's Equal Protection Clause.

This lawsuit was initiated by individuals residing in N.Y. who were authorized by the federal government under either H-1B or TN visa status to work in the U.S. as pharmacists, but who were unable to obtain licenses to practice as pharmacists due to this N.Y. State law.

The Second Circuit determined that non-immigrants like those under H-1B and TN visa status were entitled to the same high standards under the Equal Protection Clause as lawful permanent residents. The Court confirmed that this law had no compelling justification for barring these H-1B and TN visa workers from practicing pharmacy in N.Y.