Court Preliminarily Enjoins Enforcement of Illinois Pharmacy Board Rule

A release this week from the American Center for Law & Justice reports that last Friday, an Illinois trial court judge granted a preliminary injunction, pending a decision on the merits, preventing enforcement of a State Pharmacy Board rule requiring pharmacies to dispense Plan B and other forms of emergency contraception. This apparently builds on a temporary restraining order issued last April (see prior posting). In the case, Morr-Fitz, Inc. v. Blagojevich, ACLJ contends that pharmacy owners, not just individual pharmacists, are protected by Illinois' Health Care Right of Conscience Act. The case also raises constitutional challenges to the State Pharmacy Board rule. In issuing the preliminary injunction, the court concluded that plaintiffs have a likelihood of success on the merits of their claim.