North Carolina Board of Dental Examiners v. Federal Trade Commission
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
13-534 | 4th Cir. | Oct 14, 2014 Tr.Aud. | Feb 25, 2015 | 6-3 | Kennedy | OT 2014 |
Holding: When a controlling number of the decision makers on a state licensing board are active participants in the occupation the board regulates, the board can invoke state-action immunity only if it is subject to active supervision by the state.
Judgment: Affirmed, 6-3, in an opinion by Justice Kennedy on February 25, 2015. Justice Alito filed a dissenting opinion, in which Justices Scalia and Thomas joined.
SCOTUSblog Coverage
- Opinion analysis: No antitrust immunity for professional licensing boards (Eric M. Fraser)
- Argument analysis: Court wary of immunity for licensing boards, but what about doctors?(Eric M. Fraser)
- Argument preview: Do state licensing boards have immunity from antitrust laws? (Eric M. Fraser)
- Petition of the day (Mary Pat Dwyer)
Date | Proceedings and Orders |
---|---|
Oct 25 2013 | Petition for a writ of certiorari filed. (Response due November 29, 2013) |
Nov 12 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received ........ |
http://www.scotusblog.com/case-files/cases/north-carolina-board-of-dental-examiners-v-federal-trade-commission/