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North Carolina Board of Dental Examiners v. Federal Trade Commission

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Docket No. Op. Below Argument Opinion Vote Author Term
13-534 4th Cir. Oct 14, 2014 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

DateProceedings and Orders (key to color coding)
Oct 25 2013Petition for a writ of certiorari filed. (Response due November 29, 2013)
Nov 12 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 20 2013Order extending time to file response to petition to and including January 2, 2014.
Nov 27 2013Brief amici curiae of North Carolina State Bar, et al. filed.
Nov 27 2013Brief amici curiae of American Dental Association, et al. filed.
Nov 27 2013Brief amici curiae of West Virginia and 9 Other States filed.
Dec 23 2013Order further extending time to file response to petition to and including January 21, 2014.
Jan 17 2014Order further extending time to file response to petition to and including January 22, 2014.
Jan 22 2014Brief of respondent Federal Trade Commission in opposition filed.
Feb 3 2014Reply of petitioner North Carolina State Board of Dental Examiners filed.
Feb 5 2014DISTRIBUTED for Conference of February 21, 2014.
Feb 24 2014DISTRIBUTED for Conference of February 28, 2014.
Mar 3 2014Petition GRANTED.
Mar 19 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Mar 26 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 23, 2014.
Mar 26 2014The time to file respondent's brief on the merits is extended to and including July 30, 2014.
May 6 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
May 23 2014Joint appendix filed. (Statement of costs filed)
May 23 2014Brief of petitioner North Carolina State Board of Dental Examiners filed.
May 29 2014Brief amicus curiae of National Council of Examiners for Engineering and Surveying filed.
May 30 2014Brief amici curiae of North Carolina State Bar, et al. filed.
May 30 2014Brief amici curiae of Federation of State Boards of Physical Therapy, et al. filed.
May 30 2014Brief amici curiae of West Virginia and 22 Other States filed.
May 30 2014Brief amici curiae of National Governors Association, et al. filed.
May 30 2014Brief amici curiae of American Dental Association, American Medical Association, et al. filed.
May 30 2014Brief amicus curiae of California Optometric Association filed.
Jul 9 2014Record requested from U.S.C.A. 4th Circuit.
Jul 14 2014Record received from U.S.C.A. 4th Circuit - 1 Box. This record contain one SEALED volume of Appendices.
Jul 21 2014SET FOR ARGUMENT ON Tuesday, October 14, 2014
Jul 30 2014Brief of respondent Federal Trade Commission filed.
Aug 5 2014Record received from United States Federal Trade Commission. The record is electronic (Not on PACER). A portion of the record is CONFIDENTIAL.
Aug 5 2014Brief amicus curiae of We All Help Patients, Inc. filed.
Aug 5 2014Brief amici curiae of American Association of Nurse Anesthetists, et al. filed.
Aug 5 2014Brief amicus curiae of Neil Averitt filed. (Distributed)
Aug 6 2014Brief amicus curiae of Association of Dental Support Organizations filed.
Aug 6 2014Brief amicus curiae of Antitrust Scholars filed. (Distributed)
Aug 6 2014Brief amicus curiae of Scholars of Public Choice Economics filed.
Aug 6 2014Brief amici curiae of LegalZoom.com, Inc., et al. filed. (Distributed)
Aug 6 2014Brief amici curiae of Pacific Legal Foundation and Cato Institute filed. (Distributed)
Aug 6 2014Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Aug 6 2014Brief amicus curiae of American Antitrust Institute filed. Distributed)
Aug 7 2014CIRCULATED.
Aug 29 2014Reply of petitioner North Carolina State Board of Dental Examiners filed. (Distributed)
Sep 9 2014Motion for leave to file amici brief out of time filed by American Optometric Association, et al.
Oct 2 2014Motion for leave to file amici brief out of time filed by American Optometric Association, et al. DENIED.
Oct 14 2014Argued. For petitioner: Hashim M. Mooppan, Washington, D. C. For respondent: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C.
Feb 25 2015Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined.
Mar 30 2015JUDGMENT ISSUED.
Mar 31 2015Record from U.S.C.A. 4th Circuit has been returned.