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TEX. BD. OF CHIROPRACTIC v. TEX. MED.

No. 18-1223.

616 S.W.3d 558 (2021)

TEXAS BOARD OF CHIROPRACTIC EXAMINERS; Patrick Fortner, in his Official Capacity as the Board's Executive Director; and Texas Chiropractic Association, Petitioners, v. TEXAS MEDICAL ASSOCIATION, Respondent.

Supreme Court of Texas.

Opinion delivered: January 29, 2021.

Attorney(s) appearing for the Case

Daniel W. Daly III , Houston, for Amicus Curiae American Chiropractic Association.

Ronald Lynn Beal , for Amicus Curiae Beal, Ron.

Thomas R. Phillips , Delaney J. McMullan , Austin, for Amici Curiae Federation of Chiropractic Licensing Boards, National Board of Chiropractic Examiners.

David E. Keltner , Fort Worth , John R. Johnson II , for Amicus Curiae Synapse: Human Performance Center.

Stacy R. Obenhaus , Dallas, Rachel Steely , Houston, for Amicus Curiae Texas Chiropractic College.

Sean Carter Urich , Dallas, Jack S. Sholkoff , Collin Brodrick , Dallas, for Amicus Curiae Parker University.

Clems Martin, pro se.

P. Michael Jung , Dallas, for Amicus Curiae Accident & Injury Pain Centers, Inc.

Amy Warr , Houston, Alexandra W. Albright , Austin, for Amicus Curiae American Medical Association.

Atty. Gen. W. Kenneth Paxton Jr. , Kyle D. Hawkins , Jeffrey C. Mateer , Austin, Karen L. Watkins , Joe H. Thrash , Ari Cuenin , for Petitioner Patrick Fortner, in his Official Capacity as the Board's Executive Director, Texas Board of Chiropractic Examiners.

Matthew C. Wood , Jason D. Ray , Austin, for Petitioner Texas Chiropractic Association.

David F. Bragg , Donald P. Wilcox , Austin, for Respondent.

Chief Justice Hecht delivered the opinion of the Court, in which Justice Guzman, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Busby joined in full, and in which Justice Boyd and Justice Bland joined except with respect to Part III(D).

This ten-year-old case is part of "a long history of professional, scientific, or economic antagonism between chiropractors and the medical community, and resultant disputes, spanning all three branches of government, regarding where any legal line between chiropractic and the practice of medicine is or should be."1 The Texas Chiropractic Act (the Act)2 draws that line by defining the practice of chiropractic to include...

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