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A federal judge has struck down a Washington state law that required pharmacists to sell contraceptives.
In his 48-page opinion, [the judge] noted that Washington permitted pharmacy owners to decide they won’t stock certain medications for any number of “secular reasons” – because they drugs are expensive, for example, or inconvenient to dispense, or because they simply don’t fit into the store’s business plan. Yet the rule did not allow pharmacists to assert a religious reason for keeping certain drugs off their shelves. “A pharmacy is permitted to refuse to stock oxycodone because it fears robbery, but the same pharmacy cannot refuse to stock Plan B because it objects on religious grounds,” the judge wrote. “Why are these reasons treated differently under the rules?” The judge also accused the state of enforcing the mandate selectively, noting that regulators had not opened cases against the many Catholic-affiliated pharmacies in the state that also refuse to dispense Plan B.
I would not be at all surprised if we find that Obama’s contraceptive mandate carries with it the same type of selective enforcement.