Illinois Court Dismisses Pharmacists' Challenge to Rules for Lack of Ripeness

In a recent decision in Morr-Fitz, Inc. v. Blagojevich, (IL 4th Dist App., March 19, 2007), an Illinois state appellate court, by a vote of 2-1, dismissed a challenge brought by pharmacists and drug stores to State Board of Pharmacy rules that require drug stores to fill prescriptions for the "morning-after" pill, even where doing so violates a pharmacist's religious beliefs or conscience. (See prior related posting.) The court held that the claim was not ripe for a pre-enforcement challenge since the allegations in the plaintiffs' complaint suggest that it is extremely unlikely that these parties will ever be placed in a position to choose between their conscientious objections and following the rule's requirements. Justice Turner dissenting argued that plaintiffs' claims are ripe for review under the state's Health Care Right of Conscience Act and the Illinois Religious Freedom Restoration Act.