United States Ninth Circuit

In a First Amendment action seeking to require pharmacies to deliver lawfully prescribed FDA-approved medications and prohibit discrimination against patients, a preliminary injunction in favor of plaintiffs is reversed where the district court incorrectly applied a heightened level of scrutiny to a neutral law of general applicability, and the injunction was overbroad. (Superseding opinion)

Appellate Information

• Argued 07/08/2008
• Decided 10/28/2009
• Published 10/28/2009

Judges

• Before:  KIM McLANE WARDLAW, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kristen K. Waggoner, Seattle, WA, for the plaintiffs-appellees., Alan D. Copsey, Assistant Attorney General, Olympia, WA, for defendants-appellants., Rima J. Alaily, Seattle, WA, for the defendants-intervenors-appellants.