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FRIEDMAN v. ROGERS

No. 77-1163.

440 U.S. 1 (1979)

FRIEDMAN ET AL. v. ROGERS ET AL.

Supreme Court of United States.

Decided February 21, 1979

Attorney(s) appearing for the Case

Larry Niemann argued the cause and filed briefs for appellant in No. 77-1186.

Dorothy Prengler, Assistant Attorney General of Texas, argued the cause for appellants in No. 77-1163 and appellees in No. 77-1164. With her on the briefs were John L. Hill, Attorney General, David Kendall, First Assistant, and Steve Bickerstaff and Richard Arnett, Assistant Attorneys General.

Robert Q. Keith argued the cause and filed briefs for appellants in No. 77-1164 and appellees in Nos. 77-1163 and 77-1186.†

MR. JUSTICE POWELL delivered the opinion of the Court.

Texas law prohibits the practice of optometry under a trade name. It also requires that four of the six members of the State's regulatory board, the Texas Optometry Board, be members of the Texas Optometric Association, a professional organization of optometrists. A three-judge District Court sustained the constitutionality of the statute governing the composition of the Texas Optometry Board against a challenge...

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