Editor's Note :

Editor's Note :

The court will release orders from the March 16 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the court hears oral argument in Sveen v. Melin. Amy Howe has our preview.

Eist v. Maryland State Bd. of Physicians

Petition for certiorari denied on October 3, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1425 Md. Ct. App. N/A N/A N/A N/A OT 2011

Issue: (1) Whether a state may restrict a patient's federal constitutional right to privacy by compelling a physician to disclose confidential patient records without notice to and authorization by the patient and in conflict with the physician's ethical obligations; (2) whether a state agency may simultaneously serve as investigator, prosecutor and adjudicator with respect to a licensee under its jurisdiction without amending the state's constitution which explicitly separates legislative, executive and judicial powers; and (3) whether a physician may be disciplined by a state's medical licensing board if: (a) the relevant statutory language - “fails to cooperate with a lawful investigation” - is unconstitutionally vague; (b) the board never notified the patients it was seeking their confidential medical records; or (c) the board's simultaneous roles as investigator, prosecutor and adjudicator deprive petitioner of his right to due process.

Briefs and Documents

Certiorari-stage documents

Term Snapshot