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High Court To Examine Facial Hair, Teeth-Whitening
AP ^ | 03/03/2014 | Staff

Posted on 03/03/2014 2:49:41 PM PST by BuckeyeTexan

WASHINGTON (AP) -- Facial hair and teeth-whitening will be getting unusually prominent attention from the Supreme Court.

The court agreed Monday to hear two cases during its next term that involve matters of personal hygiene in vastly different settings.

In one case, the court will decide whether an Arkansas prison inmate must be allowed to grow a short beard in accordance with his religious beliefs.

(...)

Separately, the high court is taking up a North Carolina case in which the state's dental regulatory board argues that only dentists should be allowed to whiten teeth.

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: scotus

1 posted on 03/03/2014 2:49:41 PM PST by BuckeyeTexan
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To: Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; Salvation; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

2 posted on 03/03/2014 2:50:50 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

Thank goodness they didn’t waste their time looking into the fraudulent past of a particular politician.

Is this real or are we just experiencing a nightmare?

Yeah, I know......


3 posted on 03/03/2014 2:52:29 PM PST by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: BuckeyeTexan
Separately, the high court is taking up a North Carolina case in which the state's dental regulatory board argues that only dentists should be allowed to whiten teeth

Dentists want the courts/government to keep people from whitening their own teeth?

4 posted on 03/03/2014 2:53:08 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: BuckeyeTexan

I’ve got a beard because it cuts the shaving time WAY down.
I only have to open up and dump the Norelco about once a month.


5 posted on 03/03/2014 2:53:15 PM PST by humblegunner
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To: BuckeyeTexan

The Supreme Court should be handling the ever so constitutionally vague... teeth whitening SCANDAL?

what do white teeth have to do with constitutional matters?


6 posted on 03/03/2014 2:54:25 PM PST by MeshugeMikey (Jesus came to Save not Entertain / Ground John Kerry Now!)
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To: BuckeyeTexan

High Court To Examine Facial Hair, Teeth-Whitening?

Did they install mirrors in the courtroom?..................


7 posted on 03/03/2014 2:54:48 PM PST by Red Badger (LIberal is an oxymoron......................)
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To: BuckeyeTexan

Don’t they have any better cases to look at?


8 posted on 03/03/2014 2:56:22 PM PST by plainshame
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To: BuckeyeTexan
How to Brush Teeth
9 posted on 03/03/2014 2:57:06 PM PST by Berlin_Freeper
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To: F15Eagle
The justices will hear an appeal from inmate Gregory Holt, who says his Muslim beliefs require him to grow a beard.

The 38-year-old Holt is serving a life sentence for domestic violence and burglary. Prosecutors alleged that Holt cut his girlfriend's throat and stabbed her in the chest at her mobile home.

OK...Now lets find a couple burly fellow prisoners to hold him down while the guard uses a dull razor to remove the offensive facial hair of the member of the religion of Peass...
10 posted on 03/03/2014 2:57:27 PM PST by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: BigEdLB

I look forward to hairy teeth and hair whitening.


11 posted on 03/03/2014 2:59:38 PM PST by Sirius Lee (All that is required for evil to advance is for government to do "something")
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To: BuckeyeTexan

The same court that admitted it was “evading” the usurper’s eligibility. John Jay is rolling in his grave.


12 posted on 03/03/2014 3:00:36 PM PST by bgill
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To: GeronL

Essentially, dentists in NC want to prevent day spas and tanning salons from offering teeth-whitening services.


13 posted on 03/03/2014 3:02:32 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

They don’t want the competition and want the government to spend taxpayer dollars to keep prices higher.


14 posted on 03/03/2014 3:03:11 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: GeronL
Dentists want the courts/government to keep people from whitening their own teeth?

no... at least not at this time...

15 posted on 03/03/2014 3:05:31 PM PST by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: plainshame

The Court granted five cases today. They’re beginning to docket cases for the October 2014 - June 2015 term. I’m sure we’ll eventually get some more interesting and noteworthy cases.


16 posted on 03/03/2014 3:05:43 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

Essentially, some power desiring moneyed people have successfully lobbied to get the Supers to allow them to develop a monopoly.


17 posted on 03/03/2014 3:06:44 PM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: humblegunner

Waxing will do the same thing for ya. ;p


18 posted on 03/03/2014 3:07:23 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: plainshame
Don’t they have any better cases to look at?

they declined a couple of immigration cases... and the one with the German family seeking asylum because they are not allowed to homeschool in Germany :(

19 posted on 03/03/2014 3:07:35 PM PST by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: F15Eagle
Is this real or are we just experiencing a nightmare?

Yes. And also yes.

20 posted on 03/03/2014 3:08:56 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: GeronL
Dentists want the courts/government to keep people from whitening their own teeth?

As much as I'm sure they'd love to, they'd never pull that off. This is probably a typical case where they're trying to erect barriers to entry into their profession and criminalize anyone competing with them without being a club member.

21 posted on 03/03/2014 3:12:40 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: GeronL

I’m surprised they didn’t also request a ban on any toothbrushes other then those soft bristle ones that don’t remove plaque.


22 posted on 03/03/2014 3:16:59 PM PST by This I Wonder32460
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To: Still Thinking
This is probably a typical case where they're trying to erect barriers to entry into their profession and criminalize anyone competing with them without being a club member.

I'm more inclined to think it pertains to tooth-whitening compounds that can be purchased without prescription.

I paid my dentist around $400 for a set of custom-made "trays" to hold the small amounts of peroxide bleach that are required for a treatment. Once I owned those trays, there was no need for me to ever see my dentist for whitening again, since I had the trays and could simply order the peroxide from Amazon. The same is true for the whitening kits you can purchase at any drugstore, though without the customized trays they're far less effective.

I think dentists want to take that option out of consumers' hands and acquire a monopoly on the entire process.

23 posted on 03/03/2014 3:31:29 PM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: BuckeyeTexan
Waxing will do the same thing for ya.

Yeah, I'll get right on that.

24 posted on 03/03/2014 3:31:33 PM PST by humblegunner
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To: humblegunner; Eaker; TheMom

At the next TCMS, we can have a Wax Gunner party. Heh.


25 posted on 03/03/2014 3:39:33 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

Y’all can blast me or cap me or hack me into little pieces and laugh about it..

But you ain’t a-gonna be waxin’ me.


26 posted on 03/03/2014 3:42:04 PM PST by humblegunner
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To: GeronL
They don’t want the competition and want the government to spend taxpayer dollars to keep prices higher.

And M.D's opposed the advent of EMTs, back in the day.

27 posted on 03/03/2014 3:45:22 PM PST by St_Thomas_Aquinas ( Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: humblegunner

Yeah, but it sure was fun imagining that scene.


28 posted on 03/03/2014 3:45:47 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: St_Thomas_Aquinas

did they really?


29 posted on 03/03/2014 3:47:06 PM PST by GeronL (Vote for Conservatives not for Republicans!)
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To: BuckeyeTexan

I’d respond to that but I’m late for my mani-pedi appointment.


30 posted on 03/03/2014 3:48:07 PM PST by humblegunner
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To: BuckeyeTexan

And here’s the soundtrack:

http://www.youtube.com/watch?v=UQa6Z1xFq4E


31 posted on 03/03/2014 3:49:31 PM PST by humblegunner
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To: Berlin_Freeper
Wow...Thanks for the lesson...

I've been brushing my "tooth" wrong all this time...:^)

32 posted on 03/03/2014 3:51:59 PM PST by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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To: BuckeyeTexan

Here is something no one seems to know. Circumstances led me to start an investigation. I am an attorney and have access to all the usual legal databases. I’m on my second petition of certiorari to the Supreme Court in the last six months - same issue. I expect to be ignored a second time. Same issue the SCOTUS has ignored for decades.

Every government entity, except one, is subject to the due process clauses of the fifth and fourteenth amendments.

Anyone care to guess?


33 posted on 03/03/2014 3:53:33 PM PST by Smedley (It's a sad day for American capitalism when a man can't fly a midget on a kite over Central Park)
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To: MeshugeMikey; BuckeyeTexan
The issue in the tooth-whitening case is this:

1. Under the Sherman Antitrust Act, monopolies are illegal. There is, however, a "state action" exception; if one of the states, acting in its governmental capacity, creates a monopoly, the Sherman Act doesn't apply. That's why a state can pass a law forbidding non-lawyers from practicing law or non-dentists from practicing dentistry. Every state has laws like that.

2. In this case, North Carolina defines the "practice of dentistry" to include tooth-whitening, so spas and places like that can't do it.

3. If the North Carolina Legislature had written that provision into law, it might be stupid but it would clearly be exempt from the Sherman Antitrust Act because it would be the official action of the State.

4. But in this case, the State Legislature didn't write that restriction into a law; it instead passed a law saying that the practice of dentistry is regulated by the State Dentistry Board and that the State Dentistry Board is elected by the dentists in the state. That board enacted the tooth-whitening rule.

5. The Federal Trade Commission challenged the rule, saying that the state-action exception shouldn't apply because the rule was made by the dentists themselves, who have an economic interest in eliminating competition from non-dentists. The lower court (4th Circuit) agreed with the FTC.

6. The State of North Carolina appealed to SCOTUS, arguing that when the dentists made this rule, they were acting under authority delegated by the State, so the state action exception should apply.

Which is all a long way of saying that the specific issue before the Court is not teeth-whitening per se, but whether states can delegate their power to regulate professions to the people in that profession itself. So the conflict is between state authority and federal antitrust law.

34 posted on 03/03/2014 3:58:28 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

imagine the confusion amongst all those folks whove bought Teeth Whitening Products...

Thank you.


35 posted on 03/03/2014 4:08:29 PM PST by MeshugeMikey (Jesus came to Save not Entertain / Ground John Kerry Now!)
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To: BuckeyeTexan

Maybe they’ll rediscover the Commerce Clause. That would be delightful. Oh, for the Lochner days!


36 posted on 03/03/2014 4:11:32 PM PST by 1010RD (First, Do No Harm)
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To: humblegunner

Teeth shaving and beard whitening are probably more suitable for you.


37 posted on 03/03/2014 5:09:22 PM PST by Eaker (Sweat dries, blood clots and bones heal so suck it up buttercup.)
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To: BuckeyeTexan

But homeschooling German seeking religious asylum - Ahh - go scratch!!


38 posted on 03/03/2014 6:48:32 PM PST by KosmicKitty (WARNING: Hormonally crazed woman ahead!!)
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To: Sirius Lee
Hair whitening???

Nothing against platinum blonde hair...
39 posted on 03/03/2014 9:10:41 PM PST by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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To: BigEdLB

Was that taken for ‘Bell, Book, and Candle’?


40 posted on 03/03/2014 9:16:20 PM PST by MHGinTN (Being deceived can be cured.)
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To: GeronL

Shocking isn’t it? I learned that from Milton Friedman. It may be in “Free to Choose.” Its a tough thing to google.


41 posted on 03/04/2014 5:05:09 AM PST by St_Thomas_Aquinas ( Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: MHGinTN

I think so


42 posted on 03/04/2014 10:14:39 PM PST by BigEdLB (Now there ARE 1,000,000 regrets - but it may be too late.)
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