Examining Board v. Flores de Otero
Examining Board v. Flores de Otero was a Supreme Court case about a Puerto Rico rule that kept aliens from practicing civil engineering privately. The law allowed only United States citizens to be licensed to practice civil engineering, while aliens could work only if employed by the government. Flores de Otero and Perez Nogueiro, two alien civil engineers living in Puerto Rico, challenged the rule in court.
The main question was whether the citizenship requirement violated the Equal Protection Clause of the Fourteenth Amendment. The Court applied strict scrutiny to classifications based on alienage and ruled that the Puerto Rico law did not pass this test.
Holding: The law was unconstitutional because it treated aliens differently from citizens without sufficiently strong justification and was not narrowly tailored to a compelling government interest.
Reasoning: Although the government can regulate professional licensing, it cannot bar all aliens from private practice while allowing some government employment for aliens. The statute’s blanket exclusion from private practice went too far.
Outcome: The Puerto Rico rule excluding aliens from private civil engineering practice was struck down.
Opinion: The majority was written by Justice Blackmun and joined by Chief Justice Burger and Justices White, Powell, O’Connor, Brennan, and Stewart. Justice Rehnquist dissented. The decision was issued in 1976.
This page was last edited on 2 February 2026, at 14:37 (CET).