Wal-Mart Stores, Inc. v. Forte

in which JUSTICE GREEN, JUSTICE JOHNSON, JUSTICE GUZMAN, and. JUSTICE BROWN joined.

The State of Texas as amicus curiae argues that the certified questions now before us from the United States Court of Appeals for the Fifth Circuit are premised on an incorrect understanding of Texas law. Our dilemma is whether to address the premise of the questions when the parties have not done so, or answer questions that are hypothetical if the State is right. We choose the latter course.

The Texas Optometry Act1 prohibits commercial retailers of ophthalmic goods from attempting to control the practice of…