Two New Lawsuits to be Filed for Pharmacists

This morning I received an email from Frank Manion, Senior Counsel at the American Center for Law and Justice.  Frank has been our lead lawyer handling the conscience clause cases on behalf of medical professionals around the country.  These doctors, nurses and pharmacists do not want to be compelled to participate in abortion procedures. We were just informed that two pharmacists in Illinois were fired from their jobs for refusing to dispense the morning-after pill.  This prescription is considered by many to be an abortion-inducing drug.  Interestingly, Illinois has a very comprehensive conscience clause statute that was passed by the legislature.  However, the governor has attempted to override the legislative mandate.  I have authorized the filing of two lawsuits in order to protect our pharmacists constitutional and statutory rights and will keep you posted as these matters progress.

We are in the final days of preparation for the oral arguments in the Operation Rescue v. National Organization for Women pro-life RICO case, which will be given before the Supreme Court this Wednesday, November 30th.  On the same day, the Court will hear arguments in the Planned Parenthood parental notification case.  Both of these abortion cases present the Court with significant legal issues.  These will also be the first abortion-related cases under the new Chief Justice, John Roberts.  The interesting dynamic in this is that while Justice OConnor will vote on these cases, it is likely that she will not be sitting on the Court at the time the decisions are rendered.  Therefore, her vote does not count.  If there is a 4-4 tie in the cases, then they would be reargued sometime in the fall. 

We expect the opposition to Judge Alitos nomination to the Supreme Court to pick up after Christmas.  Right now, things are moving in a positive direction for Judge Alito; and I am quite optimistic that he will be confirmed.  However, we need to be prepared for what could be a tough battle before the Senate.