Constitutional Law: Individual Rights
In recent years, competition for nursing jobs in State A has increased significantly. Out of concern that its best and brightest new nurses would look for jobs in other states, State A passed a law creating incentives for new nursing graduates to remain in State A. For those nurses graduating in the top 10% of their class, the incentives include a 20% salary bonus in their first year of work and enrollment in a debt repayment assistance program. Furthermore, the new law makes it mandatory for employers in State A to give preference to State A nursing graduates in the application process.
If a nursing graduate from State B, who wants to work in State A, makes a constitutional challenge to the new statute, what is her best argument?
A: State A’s new statute is not substantially related to an important government purpose.
B: State A’s new statute is not rationally related to a legitimate government interest.
C: State A’s new statute violates the Privileges and Immunities Clause of Article IV.
D: State A’s new statute violates the Privileges or Immunities Clause of the Fourteenth Amendment.
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