In Washington state on Wednesday, two pharmacists and the owner of a supermarket that contains a pharmacy, sued to challenge the state's new rule that requires pharmacies to fill orders for emergency contraceptives. (See prior posting.) The so-called Plan B morning-after pill is now available over-the-counter to adults. Individual pharmacists with religious or moral objections can refuse to supply a customer with the contraceptives only if they can find a co-worker at the same pharmacy to fill the order. The lawsuit filed in federal court in Seattle claims that the new rules violate pharmacists' constitutional rights by requiring them to choose between "their livelihoods and their deeply held religious and moral beliefs." The Associated Press reports on the case. [Thanks to Melissa Rogers for the lead.]
UPDATE:Here is a copy of the complaint and the motion for a preliminary injunction. The case is Storman's v. Selecky. More on the case is at Constitutionally Correct and in this release from the Alliance Defense Fund which is representing the plaintiffs.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Monday, May 24, 2010
Pharmacists Sue
From the Religion Clause blog:
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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