Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, February 22. We will begin live-blogging at 9:45 a.m.
On Wednesday the court hears oral argument in Kindred Nursing Centers Limited Partnership v. Clark. Ronald Mann has our preview.

Sorrell v. IMS Health Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
10-779 2d Cir. Apr 26, 2011
Tr.Aud.
Jun 23, 2011 6-3 Kennedy OT 2010
 
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Disclosure: Goldstein, Howe and Russell P.C. represents the respondents IMS Health, SDI, and Verispan, in this case.

Holding: Vermont's Prescription Confidentiality Law, which absent the prescriber's consent prohibits the sale of prescriber-identifying information, as well as the disclosure or use of that information for marketing purposes, is subject to heightened judicial scrutiny because it imposes content- and speaker-based burdens on protected expression. Vermont's justifications for the prohibition cannot withstand such heightened scrutiny.

Plain English Summary:

Judgment: Affirmed, 6-3, in an opinion by Justice Anthony Kennedy on June 23, 2011. Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.

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