This is a case which may end up before the Supreme Court. So, in today’s post to the Volokh Conspiracy, Sasha Volokh takes us into the weeds a bit to explain the intricacies of the case and the legal issues that were before the Fourth Circuit Court and that may be before SCOTUS if they take the case up for review. The full post can be read HERE, but, spoiler alert, the case is about how North Carolina limits the provision of teeth-whitening services to licensed dentists only, and how this violates US anti-trust law. In other words, rent-seeking behavior sanctified by the State. This is a key bit:
First, what is this Board? The North Carolina State Board of Dental Examiners is, by statute, “the agency of the State for the regulation of the practice of dentistry” in North Carolina. The board consists of six dentists licensed in North Carolina, one dental hygienist licensed in North Carolina, and one citizen member. The dentist members serve three-year terms and are elected by North Carolina-licensed dentists. The dental hygienist member also serves a three-year term and is elected by North Carolina-licensed dental hygienists. The citizen member serves a three-year term and is appointed by the governor.