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Eugene Volokh: Court Strikes Down Rule Requiring Pharmacists to Distribute Emergency Contraceptives

    Eugene Volkh at the Volokh Conspiracy: The opinion, by an Illinois trial court, is at Morr-Fitz, Inc. v. Blagojevich (Apr. 5, 2011). The rule is 68 Ill. Admin. Code § 1330.500(e)-(h); the court concluded that it violated the Illinois Healthcare Right of Conscience Act, the Illinois Religious Freedom Restoration Act, and the Free Exercise Clause. I’m inclined to be skeptical of the court’s decision under the Free Exercise Clause . . . But the decision under the Illinois Healthcare Right of Conscience Act seems to me to be quite solid . . . And the decision under the Illinois Religious Freedom Restoration Act also strikes me as correct


  • Posted: 04/06/2011
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  • Category: Religious Freedom
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  • Source: volokh.com

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