|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.