Editor's Note :

Editor's Note :

The Court has not announced its plans for next week regarding the release of opinions, if any. At this time of the Term, however, it would be unusual if there were none.

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

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.

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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