Brown

Jennifer L. Weck, Deputy Attorney General, San Diego, CA, for the appellant.

Lori A. Schechter, Morrison & Foerster, LLP, San Francisco, CA, for the appellees.

Before: PROCTER HUG, JR., RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

HUG, Circuit Judge:

In this case we consider whether portions of certain California statutes and regulations violate the dormant Commerce Clause. The challenged laws prevent licensed opticians [1] from having specified business relationships with or offering services in the same locations as licensed optometrists and ophthalmologists.

The National Association of Optometrists and Opticians, LensCrafters, Inc., and Eye Care Centers of America, Inc. challenged a portion of the California statutes and regulations as violating the dormant Commerce Clause and moved for summary judgment. California's Attorney General and Department of Consumer Affairs (collectively "the State") opposed the motion. The district court granted summary judgment for the plaintiffs and entered the following declaratory judgment and injunction:

The defendants timely appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further…