North Carolina Board of Dental Examiners v. Federal Trade Commission

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 Tr.Aud.	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.

Opinion analysis: No antitrust immunity for professional licensing boards (Eric M. Fraser)
Argument analysis: Court wary of immunity for licensing boards, but what about doctors? (Eric M. Fraser)
Argument preview: Do state licensing boards have immunity from antitrust laws? (Eric M. Fraser)
Petition of the day (Mary Pat Dwyer)

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

Featured Posts

Academic highlight: Hyatt is latest example of textualist-originalist justices’ willingness to overturn precedent – Anita Krishnakumar

Relist Watch – John Elwood

Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in bankruptcy – Ronald Mann
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This Week at the Court
The Supreme Court released orders from the May 16 conference on Monday; the justices granted Ritzen Group Inc. v. Jackson Masonry, LLC.
On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
On Thursday, the justices met for their May 23 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Herrera v. Wyoming Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
- Merck Sharp & Dohme Corp. v. Albrecht “Clear evidence” that the Food and Drug Administration would not have approved a change to a drug’s label – thus pre-empting a state-law failure-to-warn claim – is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning; the question of agency disapproval is primarily one of law for a judge to decide.
- Mission Product Holdings Inc. v. Tempnology, LLC A bankruptcy debtor’s rejection of an executory contract under 11 U.S.C. §365 has the same effect as a breach of that contract outside bankruptcy; such an act thus cannot rescind rights that the contract previously granted.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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