Hugo Black

“ A doctor is subject to discipline by the Regents whenever he is convicted of a 'crime' within or without the State. Whether his 'crime' is the most debasing or the most trivial, the Regents have complete discretion to impose any measure of discipline from mere reprimand to full revocation of the doctor's license. [10] No legislative standards fetter the Regents in this respect. And no court in New York can review the exercise of their 'discretion,' if it is shown that the Regents had authority to impose any discipline at all. ”

“ Should they see fit to let a doctor repeatedly guilty of selling narcotics to his patients continue to practice, they could do so and at the same time bar for life a doctor guilty of a single minor infraction having no bearing whatever on his moral or professional character. They need give no reasons. Indeed the Regents might discipline a doctor for wholly indefensible reasons, such as his race, religion or suspected political beliefs, without any effective checks on their decisions.
In this case one can only guess why the Regents overruled their Discipline Committee and suspended Dr. Barsky. ”

“ But the right to practice is, as MR. JUSTICE DOUGLAS shows, a very precious part of the liberty of an individual physician or surgeon. It may mean more than any property. Such a right is protected from arbitrary infringement by our Constitution, which forbids any state to deprive a person of liberty or property without due process of law. Accordingly, we brought this case here to determine if New York's action against Dr. Barsky violates the requirements of the Federal constitution. ”