Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday and Wednesday. We will begin live-blogging on Tuesday at 9:45 a.m.
On Tuesday the court hears oral argument in National Institute of Family and Life Advocates v. Becerra. Amy Howe has our preview.
Contributions to our online symposium on NIFLA v. Becerra are available at this link.

Sorrell v. IMS Health Inc.

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.

SCOTUSblog Coverage

Briefs and Documents

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Certiorari-stage documents

Term Snapshot