Editor's Note :

Editor's Note :

We expect orders from the March 23 conference on Monday at 9:30 a.m.
On Monday the court hears oral argument in United States v. Sanchez-Gomez. Howard Wasserman has our preview.
On Monday the court also hears oral argument in China Agritech Inc. v. Resh. 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
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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