North Carolina Board of Dental Examiners v. Federal Trade Commission
| 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
- Opinion analysis: No antitrust immunity for professional licensing boards (Eric M. Fraser, February 25, 2015)
- Argument analysis: Court wary of immunity for licensing boards, but what about doctors? (Eric M. Fraser, October 15, 2014)
- Argument preview: Do state licensing boards have immunity from antitrust laws? (Eric M. Fraser, October 10, 2014)
- Petition of the day (Mary Pat Dwyer, February 13, 2014)
| Date | Proceedings and Orders |
|---|---|
| 10/25/2013 | Petition for a writ of certiorari filed. (Response due November 29, 2013) |
| 11/12/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 11/20/2013 | Order extending time to file response to petition to and including January 2, 2014. |
| 11/27/2013 | Brief amici curiae of North Carolina State Bar, et al. filed. |
| 11/27/2013 | Brief amici curiae of American Dental Association, et al. filed. |
| 11/27/2013 | Brief amici curiae of West Virginia and 9 Other States filed. |
| 12/23/2013 | Order further extending time to file response to petition to and including January 21, 2014. |
| 01/17/2014 | Order further extending time to file response to petition to and including January 22, 2014. |
| 01/22/2014 | Brief of respondent Federal Trade Commission in opposition filed. |
| 02/03/2014 | Reply of petitioner North Carolina State Board of Dental Examiners filed. |
| 02/05/2014 | DISTRIBUTED for Conference of February 21, 2014. |
| 02/24/2014 | DISTRIBUTED for Conference of February 28, 2014. |
| 03/03/2014 | Petition GRANTED. |
| 03/19/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 03/26/2014 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 23, 2014. |
| 03/26/2014 | The time to file respondent's brief on the merits is extended to and including July 30, 2014. |
| 05/06/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 05/23/2014 | Joint appendix filed. (Statement of costs filed) |
| 05/23/2014 | Brief of petitioner North Carolina State Board of Dental Examiners filed. |
| 05/29/2014 | Brief amicus curiae of National Council of Examiners for Engineering and Surveying filed. |
| 05/30/2014 | Brief amici curiae of North Carolina State Bar, et al. filed. |
| 05/30/2014 | Brief amici curiae of Federation of State Boards of Physical Therapy, et al. filed. |
| 05/30/2014 | Brief amici curiae of West Virginia and 22 Other States filed. |
| 05/30/2014 | Brief amici curiae of National Governors Association, et al. filed. |
| 05/30/2014 | Brief amici curiae of American Dental Association, American Medical Association, et al. filed. |
| 05/30/2014 | Brief amicus curiae of California Optometric Association filed. |
| 07/09/2014 | Record requested from U.S.C.A. 4th Circuit. |
| 07/14/2014 | Record received from U.S.C.A. 4th Circuit - 1 Box. This record contain one SEALED volume of Appendices. |
| 07/21/2014 | SET FOR ARGUMENT ON Tuesday, October 14, 2014 |
| 07/30/2014 | Brief of respondent Federal Trade Commission filed. |
| 08/05/2014 | Record received from United States Federal Trade Commission. The record is electronic (Not on PACER). A portion of the record is CONFIDENTIAL. |
| 08/05/2014 | Brief amicus curiae of We All Help Patients, Inc. filed. |
| 08/05/2014 | Brief amici curiae of American Association of Nurse Anesthetists, et al. filed. |
| 08/05/2014 | Brief amicus curiae of Neil Averitt filed. (Distributed) |
| 08/06/2014 | Brief amicus curiae of Association of Dental Support Organizations filed. |
| 08/06/2014 | Brief amicus curiae of Antitrust Scholars filed. (Distributed) |
| 08/06/2014 | Brief amicus curiae of Scholars of Public Choice Economics filed. |
| 08/06/2014 | Brief amici curiae of LegalZoom.com, Inc., et al. filed. (Distributed) |
| 08/06/2014 | Brief amici curiae of Pacific Legal Foundation and Cato Institute filed. (Distributed) |
| 08/06/2014 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 08/06/2014 | Brief amicus curiae of American Antitrust Institute filed. Distributed) |
| 08/07/2014 | CIRCULATED. |
| 08/29/2014 | Reply of petitioner North Carolina State Board of Dental Examiners filed. (Distributed) |
| 09/09/2014 | Motion for leave to file amici brief out of time filed by American Optometric Association, et al. |
| 10/02/2014 | Motion for leave to file amici brief out of time filed by American Optometric Association, et al. DENIED. |
| 10/14/2014 | Argued. For petitioner: Hashim M. Mooppan, Washington, D. C. For respondent: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| 02/25/2015 | 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. |
| 03/30/2015 | JUDGMENT ISSUED. |
| 03/31/2015 | Record from U.S.C.A. 4th Circuit has been returned. |