United States Ninth Circuit

In an action brought by the owner of a pharmacy and two pharmacists who have religious objections to delivering emergency contraceptives, and who challenged Washington state rules requiring the timely delivery of all prescription medications by licensed pharmacies, the district court's judgment is reversed where: 1) as applied to the free exercise and equal protection claims, the rules, promulgated by the Washington Pharmacy Quality Assurance Commission, were neutral and generally applicable; 2) the rules were rationally related to Washington's legitimate interest in ensuring that its citizens have safe and timely access to their lawful and lawfully prescribed medications; and 3) as to the due process claim, the court declined to recognize a new fundamental right.

Appellate Information

• Decided 07/23/2015
• Published 07/23/2015

Judges

• Graber

Court

• United States Ninth Circuit

Counsel