183403P.pdf   04/14/2020  Lee Birchansky  v.  Gerd Clabaugh
   U.S. Court of Appeals Case No:  18-3403
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [[Erickson, Author, with Colloton and Shepherd, Circuit 
   Judges] 
   Civil case - Constitutional law. In action alleging Iowa's Certificate of 
   Need Requirement for new or changed outpatient surgery centers and its 
   capital expenditure exemptions violated plaintiffs' Fourteenth Amendment 
   rights, the district court did not err in dismissing plaintiffs' 
   Privileges and Immunities Clause claim for failure to state a claim as the 
   claim is foreclosed by the Slaughter-Houses cases, 83 U.S. 36 (1872); this 
   court would apply the "rational basis" standard of review and not the 
   "strict scrutiny" standard of review to the challenged Certificate of Need 
   regime and capital expenditures exemption; the court has previously held 
   that insulating existing entities from new competition in order to promote 
   quality services and protect infrastructure investment can survive 
   rational review - see Kansas City Taxi Cab Drivers Ass'n, 742 F.3d 807, 
   809 (8th Cir. 2013); the court holds Iowa's Certificate of Need 
   requirement is rationally related to a legitimate state interest in 
   full-service hospital viability; Iowa's decision to exempt competitors who 
   are non-hospital Certificate of Need holders is rationally related to the 
   same interest, and the district court's order granting defendants summary 
   judgment is affirmed.