In the discussion thread: Judge says Wash. can’t make pharmacies sell Plan B [View all]
Response to rug (Reply #9)
Fri Feb 24, 2012, 10:05 AM
Jim__ (8,942 posts)
12. Thanks. Reading his opinion, it sounds like the same case to me.
Last edited Fri Feb 24, 2012, 10:05 AM - Edit history (1)
I don't usually read court decisions, but this case is Stormans v Selecky and from this decision:
The Ninth Circuit issued an Opinion reversing this Court’s injunction on July 8, 2009.
See Stormans v. Selecky, 571 F.3d 960 (9th Cir. 2009). After rehearing by the Ninth Circuit
panel, that Opinion was vacated and superseded by an Opinion dated October 28, 2009. See
Stormans v. Selecky, 586 F.3d 1109 (9th Cir. 2009). The Opinion reversed this Court’s
In reversing the injunction, the Court of Appeals held that this Court had applied the
wrong preliminary injunction standard in light of the Supreme Court’s intervening decision in
Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008) (invalidating the Ninth
Circuit’s “possibility of irreparable injury” standard as too lenient).9 Further, the Ninth Circuit
held that, based on the evidentiary record at the time, the Court should have applied a rationalbasis
test instead of an “ends/means” test, which it equated to heightened scrutiny. See
Stormans, 586 F.3d at 1131 (noting that the evidentiary record was “thin”). In considering the
merits, the Court of Appeals held that Plaintiffs were unlikely to succeed, and that the injunction
was overly broad because it applied to all pharmacists and pharmacies practicing “refuse and
refer.” The Court of Appeals further held that even if an injunction was warranted, it should
have been limited to the named Plaintiffs.
So, he's claiming a full examination of the evidence proves that his, Leighton's, original decision was correct. I guess it goes back to the 9th circuit.
... the horrific struggle to establish a human self results in a self whose humanity is inseparable from that horrific struggle. - David Foster Wallace
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|Justice wanted||Feb 2012||#3|
Thanks. Reading his opinion, it sounds like the same case to me.
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