In 1893 and 1895, the legislature of the State of New York passed public health laws making it illegal for convicted felons to practice medicine.

It also cites Jones v. Brim 165 U.S. 180 (1897), which held that the states have a right to classify individuals for application of laws and also Alabama and California cases where the right to vote or to sell liquor (respectively) could be revoked on the basis of a prior conviction when that conviction is reasonable evidence that a person has broken a law, and thus is evidence of insufficient good character to exercise the right.

An exigent threat to patient safety was provided as the reason to revoke Dr. Hawker's medical license.

"It is, no one can doubt, of high importance to the community that health, limb and life should not be left to the treatment of ignorant pretenders and charlatans.

It is within the power of the legislature to enact such laws as will protect the people from ignorant pretenders, and secure them the services of reputable, skilled and learned men... To require this is an exercise of the police power for the protection of the public against incompetents and impostors, and is in no sense the creation of a monopoly or special privileges.