D.C. Circuit Chief Judge and US Supreme Court nominee Merrick Garland may not soon get a confirmation hearing before the US Senate. But if and when he does, Womble Carlyle attorney Jason Hicks tells Law360.com that Senators should read up on law review articles Judge Garland penned in the mid-1980s on occupational licensing and teeth whitening.

Judge Garland wrote a number of articles while a private practice attorney and Harvard Law professor (where he taught antitrust law). In these articles, Hicks said the future Supreme Court nominee “argued for a deferential, nonintrusive role for the judiciary. Courts should review administrative regulations to ensure fidelity to the intent of Congress and should not preempt the policy decisions of states through antitrust law or by restricting the state action doctrine.”

This pertains to, of all things, a recent dispute over teeth whitening treatments. Some businesses have begun offering these treatments. However, many dentists groups, such as the North Carolina State Board of Dental Examiners, say these treatments should only be provided by licensed dentists.

Click here to read Hick’s article at Law360.com. Hicks frequently blogs about antitrust litigation issues at Womble Carlyle’s Antitrust and Distribution Law Blog.

Also, click here to read Hicks’ recent Law360.com article on “4th Circ. Ruling Shows ‘Plausibility’ Is A Rorschach Test.”

Jason Hicks, a partner in Womble Carlyle’s DC and Charlottesville, VA. office, has experience litigating cases and counseling clients in a wide variety of matters involving contract disputes, business torts, federal and state antitrust laws, franchise laws, and unfair and deceptive trade practices.  In that regard, Hicks has represented clients in the manufacturing, defense, pharmaceutical, real estate and gaming industries.