United States v. Oregon State Medical Society et al. (343 U.S. 326)
U.S. Supreme Court · decided April 28, 1952 · Supreme Court Database (Spaeth)
- Citation
- 343 U.S. 326 · 72 S. Ct. 690
- Docket
- No. 19
- Argued
- January 4, 1952
- Decided
- April 28, 1952
- Term
- October Term 1951
- Vote
- 7–1
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Minton, Justice Burton, Justice R. H. Jackson (wrote), Justice Douglas, Justice Frankfurter, Justice Reed
- Dissenting
- Justice Black (wrote)
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. This is a direct appeal by the United States from dismissal by the District Court of its complaint seeking an injunction to prevent and restrain violations of §§ 1 and 2 of the Sherman Act. 26 Stat. 209, as amended, 15 U. S. C. §§ 1, 2. Appellees are the Oregon State Medical Society, eight county medical societies, Oregon Physicians’ Service (an Oregon corporation engaged in the sale of prepaid medical care), and eight doctors who are or have been at some time responsible officers in those organizations. This controversy centers about two forms of “contract practice” of medicine. In one, private corporations organized for profit sell what amounts to a policy of insurance by which small periodic payments purchase the right to certain hospital facilities and medical attention. In the other¡ railroad and large industrial employers of labor contract with one or more doctors to treat their ailing or injured employees. Both forms of “contract practice,” for rendering the promised medical and surgical service, depend upon doctors or panels of doctors who cooperate on a fee basis or who associate themselves with the plan on a full- or part-time employment basis. ' Objections of the organized medical profession to contract practice are both monetary and ethical. Such practice diverts patients from independent practitioners to…
Excerpt of a 23,614-character opinion. The full text and citation network load in the interactive viewer above.