SENSATIONAL SMILES, LLC v. MULLEN

Docket No. 14-1381-cv.

793 F.3d 281 (2015)

SENSATIONAL SMILES, LLC, d/b/a Smile Bright, Plaintiff-Appellant, Lisa Martinez, Plaintiff v. Jewel MULLEN, DR., in her official capacity as Commissioner of Public Health, Jeanne P. Srathearn, DDS, in her official capacity as a Member of the Connecticut Dental Commission, Elliot Berman, DDS, in his official capacity as a Member of the Connecticut Dental Commission, Lance E. Banwell, DDS, in his official capacity as a Member of the Connecticut Dental Commission, Peter S. Katz, DMD, in his official capacity as a Member of the Connecticut Dental Commission, Steven G. Reiss, DDS, in his official capacity as a Member of the Connecticut Dental Commission, Martin Ungar, DMD, in his official capacity as a Member of the Connecticut Dental Commission, Barbara B. Ulrich, in her official capacity as a Member of the Connecticut Dental Commission, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 17, 2015.


Attorney(s) appearing for the Case

Paul M. Sherman ( Dana Berliner , on the brief), Institute for Justice, Arlington, VA, for Plaintiff-Appellant.

Daniel Shapiro , Assistant Attorney General, for George Jepsen , Attorney General of Connecticut, for Defendants-Appellees.

Judge DRONEY concurs in a separate opinion.


The question in this case is whether a Connecticut rule restricting the use of certain teeth-whitening procedures to licensed dentists is unconstitutional under the Due Process or Equal Protection Clauses. Because we conclude that there are any number of rational grounds for the rule, we affirm the judgment of the...

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