News

Zywicki Brief Cited by Second Circuit

An amicus curiae brief by Professor Todd J. Zywicki was cited by the U.S. Court of Appeals for the Second Circuit in Sensational Smiles, LLC v. Mullen, decided on July 17, 2015.

The question in the case was whether the Connecticut Dental Commission’s rule that only licensed dentists could offer teeth-whitening services violated the Due Process or Equal Protection Clauses of the U.S. Constitution. Zywicki’s brief, in support of the appellant, argued that the Connecticut Dental Commission’s rule was anticompetitive and protectionist, and did not reflect a legitimate governmental interest.

Excerpt from the opinion in Sensational Smiles, LLC v. Mullen:

“[A]ppellant, supported by amicus Professor Todd J. Zywicki, forcefully argues that the true purpose of the Commission’s LED restriction is to protect the monopoly on dental services enjoyed by licensed dentists in the state of Connecticut. In other words, the regulation is nothing but naked economic protectionism: ‘rent seeking . . . designed to transfer wealth from consumers to a particular interest group.’”