Thompson v. Western States Medical Center — Breyer, J…

Summary

Justice Breyer, dissenting, argues that the Federal restriction on advertising compounded drugs directly advances the government's important interest in protecting public health and safety. He contends the Court undervalues this interest and incorrectly rejects the statute without adequately considering the need to distinguish genuine medical necessity from convenience. Justice Thomas, concurring, agrees with the outcome but would avoid analyzing commercial speech under the Central Hudson test.