Today’s Must-Must-Read: Ann Marie Marciarille: Teeth Whitening at the Supreme Court: The Antitrust Limits of Professional Sovereignty: “North Carolina’s Dental Board functioned more as a trade association with super powers granted to it by the state…

Like it or not, the dissent argues the delegation was valid and the Sherman Act does not sit to second guess the wisdom or even fairness of the delegation. Whatever you think of the dissent, Justice Alito is spot on when he notes that the majority opinion is potentially quite disruptive for state medical licensing boards.. long… under full sway of the regulated health professions themselves…. Self-licensing, ascendent since the late 19th century, was the outcome of political compromise and not solely the seemingly inevitable result ¬†of deference to professional authority traced in today’s opinions…. We have almost no tradition of genuine state regulation of doctors, dentists, and optometrists other than the North Carolina Dental Board model or something like it. If we aim to take it over it will not be a taking it back, but a taking it on–an invention out of whole cloth.