Ninth Circuit -- YAKIMA VALLEY MEMORIAL HOSPITA V. WASHINGTON STATE DEPARTMENT OF HEALTH

YAKIMA VALLEY MEMORIAL HOSPITA V. WASHINGTON STATE DEPARTMENT OF HEALTH

Regulatory regime issues permits for hospitals to perform certain elective procedures, based on the community's need for a hospital to do such things.  Challenged, viz -

The fact that the hospitals can adjust the number of elective procedures performed does not mean that the rule is not a unilateral restriction - the permit scheme is a simple barrier to entry, unilaterally imposed by the government, and thereforenot preemepted by the Sherman Act.

In-state hospital has standing to challenge under Dormant Commerce Clause.