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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
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To: WhiteCastle; informavoracious; larose; RJR_fan; Prospero; Conservative Vermont Vet; ...
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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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