No. 22-940

Sheldon Schwartz v. Massachusetts Board of Registration in Medicine

Lower Court: Massachusetts
Docketed: 2023-03-28
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law bill-of-rights due-process liberty-right medical-license medical-licensing professional-practice professional-regulation rational-basis state-board
Latest Conference: 2023-04-28
Question Presented (from Petition)

"The Fourteenth Amendment's Due Process Clause incorporates and renders applicable to the States Bill of Rights protections "fundamental to our scheme of ordered liberty," or "deeply rooted in this Nation's history and tradition." McDonald v. Chicago, 561 U.S. 742, 767 (alterations omitted)." Timbs v. Indiana, 586 U.S. (2019)

For over one hundred years this Court has held that the right of a licensed professional to practice his chosen profession is a liberty right that could be reasonably regulated but not destroyed, and is entitled to protection in equity in the absence of an adequate remedy at law. Truax v. Raich, 239 U.S. 33 (1915)

The Massachusetts supreme court has declared that any action by the state's medical licensing board, which is statutorily exempt from any supervision by the Governor and comprises of five physicians and two laypersons, automatically meets rational basis review and the substantial evidence standard because the legislature had a rational basis to enact the board's enabling statute.

1. Is the taking of a physician's medical license, a liberty right protected by the common law, by a private board through a vast delegation claim unsupported by statute or regulation, and with no statutory replacement for common law protections, a violation of the Bill of Rights protections fundamental to our Nation's scheme of ordered liberty?

2. Is the taking of a physician's liberty right through the overruling of sworn testimony by an unsworn summary to the contrary, a violation of fundamental due process protections?

Question Presented (AI Summary)

Is the taking of a physician's medical license a violation of the Bill of Rights to our Nation's scheme of ordered liberty?

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-03-31
Waiver of right of respondent Massachusetts Board of Registration in Medicine to respond filed.
2023-03-24
2023-01-25
Application (22A665) granted by Justice Jackson extending the time to file until March 27, 2023.
2023-01-20
Application (22A665) to extend the time to file a petition for a writ of certiorari from January 25, 2023 to March 26, 2023, submitted to Justice Jackson.

Attorneys

Massachusetts Board of Registration in Medicine
Timothy R. McGuireOffice of the Attorney General, Respondent
Sheldon Schwartz
Sheldon Schwartz — Petitioner