Bernal v. Fainter Case Brief

Facts of the Case

Petitioner, a native of Mexico, was a resident alien who has lived in the United States since 1961. In 1978, petitioner applied to become a notary public. Respondent secretary of state denied the application because petitioner failed to satisfy the statutory requirement that a notary public be a citizen of the United States, Tex. Rev. Civ. Stat. Ann. art. 5949(2) (1984). Claiming the citizenship requirement violated the federal constitution, petitioner brought suit. Applying strict scrutiny, the district court ruled in favor of petitioner, holding that the requirement violated the equal protection clause. The court of appeals reversed, concluding that the proper standard for review was the rational-relationship test and that art. 5949(2) bore a rational relationship to the state’s interest in the proper and orderly handling of a countless variety of legal documents of importance to the state. Petitioner appealed.


“Are Don King and his corporation a distinct “person” and “enterprise,” such that RICO applies?”



Case Information

Citation: 467 US 216 (1984)
Argued: Mar 28, 1984
Decided: May 30, 1984
Case Brief: 1984