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9th Circuit: Pharmacists Must Dispense Mornin-After Pill
HotAir.com ^ | July 11, 2009 | Ed Morrissey

Posted on 07/11/2009 7:35:55 PM PDT by WhiteCastle

The most overturned appellate court has teed up another case for the Supreme Court to consider — and likely soon. The 9th Circuit overturned an injunction in a district court case, allowing the state of Washington to force a pharmacy to stock and dispense morning-after pills, which causes the abortion of an embryo in the early days of a pregnancy. The pharmacy owners had objected, claiming that the law violated their religious practice:


TOPICS: Culture/Society; US: Washington
KEYWORDS: 9thcircuit; 9thcircus; 9thcitcuit; abortion; catholicdemocrats; conscience; conscienceclause; cultureoflife; embryo; freedomofconscience; infanticide; morningafterpill; pharmacy; planb; popebenedict; popebenedictxvi; prolife; scotus; supremecourt; unborn; vatican

1 posted on 07/11/2009 7:35:55 PM PDT by WhiteCastle
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To: WhiteCastle

This is further than any state provision has gone. States have allowed pharmacy owners to skirt the issue by not carrying the drug at all.


2 posted on 07/11/2009 7:37:22 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: WhiteCastle

any OTHER state provision I mean.

What is it that makes Washington state so kooky.


3 posted on 07/11/2009 7:38:07 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: WhiteCastle

If this precedent is allowed to stand, in the future pharmacies in Oregon will be forced to fill prescriptions for physician assisted suicides.


4 posted on 07/11/2009 7:39:02 PM PDT by Paleo Conservative
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To: HiTech RedNeck
What is it that makes Washington state so kooky.

Imported Californians.

5 posted on 07/11/2009 7:41:18 PM PDT by seowulf (Petraeus, cross the Rubicon.)
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To: WhiteCastle

Murdering socialist bookmark.


6 posted on 07/11/2009 7:42:31 PM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: wagglebee

The 9th. Circus strikes again. That court would be a joke if its consequences weren’t so serious.


7 posted on 07/11/2009 7:43:30 PM PDT by Clintonfatigued (The McCain/Palin ticket was like a Kangaroo, stronger on the bottom than at the top)
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To: HiTech RedNeck
This had been discuss on another thread. And one poster stated that they were a doctor and had to treat everyone and that if the pharmacist did not want to dispense the drug they sould go into research or something like that. My comeback was that in Kansas third trimester abortions were legal then by their reasoning all doctors should have to do them even if they objected to it or not. And their comeback was only certain doctors could do abortions which I'm not sure if they were blowing smoke or not.
8 posted on 07/11/2009 7:45:04 PM PDT by guitarplayer1953
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To: HiTech RedNeck

The drugs ~ they’re at the end of the supply line so they get all the contaminated stuff.


9 posted on 07/11/2009 7:47:27 PM PDT by muawiyah
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To: HiTech RedNeck

**What is it that makes Washington state so kooky.**

they’re Downwind of San FranSicko???


10 posted on 07/11/2009 7:48:48 PM PDT by gwilhelm56 (Orwell's 1984 - To Conservatives, a WARNING - to Liberals, a TEXTBOOK!)
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To: Paleo Conservative

I would bet that the supreme court will never look at the case. What is the constitutional question????


11 posted on 07/11/2009 7:49:28 PM PDT by org.whodat
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To: WhiteCastle

Forcinbg a business to sell a product? Why not force fast food outlets to sell it too?


12 posted on 07/11/2009 7:50:19 PM PDT by GeronL ( Patriotic Insurrectionist at http://tyrannysentinel.blogspot.com)
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To: GeronL

Exactly. Under which constitutional authority does Kali or anyone have the right to demand anyone sell anything?


13 posted on 07/11/2009 7:52:56 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: Paleo Conservative

Geez just like the Mafia...Do like we say or will Bust up the place...I’m sure some of Barry’s ACORN thugs will be glad to do the grunt work........


14 posted on 07/11/2009 8:02:09 PM PDT by jakerobins ( NO)
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To: CodeToad

To operate a pharmacy in Washington (or any state) you have to be licensed under state law. States can set conditions to obtaining those licenses — question here was, ‘was this a valid condition’. Very much like the implied consent all of us give to have our blood alcohol tested when we become licensed drivers — if we don’t want to agree to the terms of the license (pharmacy or vehicle operator), sell aspirin or take the bus.


15 posted on 07/11/2009 8:06:10 PM PDT by newroark (Ever Vigilant)
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To: newroark

You are correct, somo people like to fight the same fight over and over again.http://www.stateline.org/live/details/story?contentId=139338


16 posted on 07/11/2009 8:17:29 PM PDT by org.whodat
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To: newroark

” States can set conditions to obtaining those licenses “

Yes, but regulation for the purpose of public safety is not the same as running a business to include all aspects of product offerings.


17 posted on 07/11/2009 8:24:19 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: newroark

P.S. Your logic is flawed in that you assume the government can dictate anything. They have limited powers.


18 posted on 07/11/2009 8:25:11 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: org.whodat

Before you crow victory too loudly for your death partners, keep in mind that most cases appealed from the 9th to the US Supreme Court are overturned. No other circuit has such an enviable record.


19 posted on 07/11/2009 8:41:34 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: CodeToad

Of course, government can dictate all kinds of things — try carrying your 9mm into a federal courthouse or selling antibiotics out of the trunk of your car. I did not, however, say or imply that government can dictate everything. Of course it can’t. But the issue on the morning after pill is the tension between the government’s established authority to set terms and conditions for sale of pharmaceutical drugs through a licensed network of dealers (which is usually justified on grounds of public safety, incidentally) and the individual constitutional rights of the pharmacists. I don’t pretend to know what the Supreme Court will decide if it gets this case but it’s not simply a matter of pharmacists being able to tell the state ‘you’re not the boss of me’.


20 posted on 07/11/2009 8:42:35 PM PDT by newroark (Ever Vigilant)
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To: WhiteCastle; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
+

Freep-mail me to get on or off my pro-life and Catholic List:

Add me / Remove me

Please ping me to note-worthy Pro-Life or Catholic threads, or other threads of interest.

Obama Says A Baby Is A Punishment

Obama: “If they make a mistake, I don’t want them punished with a baby.”

21 posted on 07/11/2009 8:44:37 PM PDT by narses (http://www.theobamadisaster.com/)
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To: newroark

Totally bizarre. You cannot force a physician to learn how
to or do an operation (especially if they disagree with the idea of
it)....sex “change” is a good example. You cannot force
a patient to take treatment, even if the treatment will
help them. How is it you can force someone to dispense a
“poison” just cause someone wants it?

If they want the “poison” that bad, let them go get it where
they can.

If someone comes to your store and says they want to commit suicide, are
you required to sell them the legally traded poisons so they can
swallow it?

One thing this law will do if it continues, it will allow those
who don’t mind reproducing to take over.


22 posted on 07/11/2009 9:21:47 PM PDT by Getready (Wisdom is more valuable than gold and diamonds, and harder to find.)
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To: newroark

Basically, it boils down to the fact that legal pros
shouldn’t tell heath professionals what is healthy to a fetus.

When are they going to pass a law that makes someone
able to sue these lawmakers when THEY write a law
that causes harm? I mean sue them personally. Especially
if you can prove they made the law based on a bribe or
quid pro quo type of thing. I am sure
they would be more circumspect about the laws they write.


23 posted on 07/11/2009 9:26:42 PM PDT by Getready (Wisdom is more valuable than gold and diamonds, and harder to find.)
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To: CodeToad
Exactly. Under which constitutional authority does Kali or anyone have the right to demand anyone sell anything?

The state has the right to insist on making "controversial" drugs available as part of the pharmacy license.

And this is a perfectly reasonable approach. Think about what happens in rural areas where there might be only one pharmacy in a town. The concept of "go someplace else" is just plain not viable there. Or if there are two and they both decide not to carry any particular drug.

Just to make it a little less emotional, what happens if your pharmacist decides that Viagra is "not Christian" for some reason? God has told you to slow down, but you want to ignore Him.

Instead of telling the customer to "go somewhere else", tell the pharmacist to switch to running a 7-11 instead of a drug store if he wants to control the morality of his customers.

24 posted on 07/11/2009 9:34:01 PM PDT by CurlyDave
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To: HiTech RedNeck
most cases appealed from the 9th to the US Supreme Court are overturned

In a typical year, the Ninth Circuit decides thousands of appeals. Last year, the Supreme Court granted cert on sixteen of them -- well under 1%. And while most cert grants led to reversals, at a somewhat worse then average batting average for many other circuits, that basically means that it is effectively upheld 99% of the time rather than 99.9%. ( Note that in the recent term, in its reversal percentage the 9th was actually in the middle of the pack: http://www.scotusblog.com/wp/wp-content/uploads/2009/06/circuit3.pdf.)
25 posted on 07/12/2009 4:00:39 AM PDT by only1percent
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To: newroark

“government’s established authority to set terms and conditions for sale of pharmaceutical drugs through a licensed network of dealers “

Actually, the government has no constitutional authority to regulate in-State commerce and they have abused their constitutional interstate commerce authority, which was not to regulate products but to regulate State actions and primarily taxation.

Second, we are talking about what companies do not want to sell not what they do want to sell. By no means does the government have the authority to mandate someone sell anything. What are they going to do, grab people in the middle of the night and say, “You’re coming with us, you’ve got some selling to do!”?


26 posted on 07/12/2009 7:13:50 AM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: CurlyDave

“The state has the right to insist on making “controversial” drugs available as part of the pharmacy license. “

“The concept of “go someplace else” is just plain not viable there.”

They do? Under what authority? Please state the Constitutional phrase that gives them that authority.

Your logic would then dictate the government can tell a Ford dealer they must carry Chevy trucks because it would be unfair to be the only car dealer in town or that one bank must honor the accounts of another bank in a town 20 miles away or that one airline must honor the ticket of another airline that doesn’t fly to that town.

The government has no right to dictate commerical business practices outside of public safety, criminal law, and taxation. Anything else is just government owned business and that is Marxism.


27 posted on 07/12/2009 7:17:43 AM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: HiTech RedNeck
You need to separate fact from fiction. I did not crow victory over anything. I was stating a fact as I saw it. This case will not be addressed by the court.
28 posted on 07/12/2009 8:14:07 AM PDT by org.whodat
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To: CodeToad
LOL, the state government is the one doing the telling, are rather a board set up as the regulatory authority. So where does interstate commerce have anything to do with this case.
29 posted on 07/12/2009 8:18:08 AM PDT by org.whodat
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To: WhiteCastle

Sorry, out of stock. Check with me next week.


30 posted on 07/12/2009 8:32:01 AM PDT by GingisK
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To: HiTech RedNeck

Washington is a great state.

Many of the elected officials, however, are not great.


31 posted on 07/12/2009 9:13:01 AM PDT by TheFourthMagi
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To: CurlyDave

Let the customers go shop around to different pharmacies.

They do not have any right to force any given pharmacy owner to stock and dispense drugs that kill babies.


32 posted on 07/12/2009 9:15:41 AM PDT by TheFourthMagi
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To: WhiteCastle

“Plan B”: Price, $3000 per pill.
All profits donated to pro-life groups.

Wonder how that fits their fascist little law?

They probably have that covered too with a mandate
that includes price controls.

“You are ordered to sell *** for $*.**.”

People who claim to be against slavery have legislated it.


33 posted on 07/12/2009 12:04:53 PM PDT by Weirdad (A Free Republic, not a "democracy" (mob rule))
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To: org.whodat

You did crow through your assertions.


34 posted on 07/12/2009 10:24:28 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: HiTech RedNeck

Wrong!!!!!


35 posted on 07/13/2009 2:11:03 PM PDT by org.whodat
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To: org.whodat

That’s what you are.


36 posted on 07/14/2009 3:05:07 AM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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