Chiles v. Salazar · ¶60

Start with Colorado's suggestion, endorsed by the dissent, that the State's statute represents nothing more than a traditional law licensing the practice of medicine. See Brief for Respondents 27–28; post, at 683–685 (opinion of Jackson, J.). We cannot agree for at least two reasons. First, the State has not presented persuasive evidence that its law is part of a historical tradition. When assessed at the level of generality our precedents demand, what Colorado describes turns out to be a relatively recent innovation. Indeed, the briefng before us suggests that the very first state “counselor-licensure bill” was adopted only in 1976. National Academies, Institute of Medicine, Provision of Mental Health Counseling Services Under TRICARE 94 (2010); D. Bergman, The Role of Government and Lobbying in the Creation of a Health Profession: The Legal Foundations of Counseling, 91 J. Counseling…

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