Burger's Concurrence
Chief Justice Burger concurred on largely practical grounds, citing the fact that since 95% of the prescriptions being filled required prepackaged medications, prepared by their manufacturers to be sold immediately. These drugs had a large enough market to be sold in such a manner, so the state’s justification based on professionalism carried little weight. Burger instead concentrated on limiting the scope of Blackmun’s majority opinion, stating that it did not extend to professional services such as medicine or law. He reasoned that since regulation of these professions governed a different set of risks, and since the services involved were unique and personalized to the client, the holding of this case should not apply to them.
Read more about this topic: Virginia State Pharmacy Board V. Virginia Citizens Consumer Council