William H. Sorrell v. Ims Health Inc. — Breyer, J., Dissenting

Summary

Justice Breyer, dissenting, argues that Vermont's statute regulating the use of prescriber-identifiable information should be reviewed under rational basis standards applicable to economic regulation rather than heightened First Amendment scrutiny. He contends that even under Central Hudson intermediate scrutiny, the law survives because it serves substantial state interests in public health, privacy, and cost containment without imposing significant harm on commercial speech. He warns that the majority's approach risks reviving Lochner-era judicial interference with legislative economic policy.