Women's Surgical Center, LLC v. Berry and Vice Versa

Summary

The court affirmed both the denial of the Department's motion to dismiss and the grant of summary judgment rejecting the Center's facial constitutional challenges to the certificate-of-need requirement. It held that the Center had standing because its planned expansion created an actual and imminent injury, and that exhaustion was unnecessary because the Center asserted a direct facial constitutional challenge. The court further held that the statute neither implicated the Anti-Competitive Contracts Clause nor violated substantive due process under rational-basis review.