MORR-FITZ, INC. v. QUINN

No. 4-11-0398.

976 N.E.2d 1160 (2012)

364 Ill. Dec. 597

MORR-FITZ, INC., an Illinois Corporation, d/b/a Fitzgerald Pharmacy, Licensed and Practicing in the State of Illinois as a Pharmacy; L. Doyle, Inc., an Illinois Corporation, d/b/a Eggelston Pharmacy, Licensed and Practicing in the State of Illinois as a Pharmacy; Kosirog Pharmacy, Inc., an Illinois Corporation, d/b/a Kosirog Rexall Pharmacy, Licensed and Practicing in the State of Illinois as a Pharmacy; Luke Vander Bleek; and Glenn Kosirog, Plaintiffs-Appellees, v. Pat QUINN, Governor, The State of Illinois; Fernando E. Grillo, Secretary, The Department of Financial and Professional Regulation; Daniel E. Bluthardt, Acting Director, The Division of Professional Regulation; and The Members of the State Board of Pharmacy, In Their Official Capacities, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

September 20, 2012.


Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Carl J. Elitz (argued), Assistant Attorney General, Nadine J. Wichern , Assistant Attorney General, for State Board of Pharmacy.

Duane D. Young , LaBarre, Young & Behnke, Springfield, Francis J. Manion , New Hope, KY, Carl Nichols , Steven Lehotsky , Natalie Hurt , Thomas Dettore , Alyssa DaCunha , Wilmer, Cutler, Pickering, Hale & Dorr LLP, Mark L. Rienzi (argued), Cath. Univ. of Amer. Columbus School of Law, American Center for Law and Justice, Washington, DC, for Morr-Fitz, Inc.


OPINION

Justice KNECHT delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs, two pharmacists and three corporations that own and operate pharmacies, filed suit seeking declaratory and injunctive relief against certain public officials who seek to enforce an administrative rule that requires pharmacies to dispense or aid in the dispensing of emergency contraception. The individual plaintiffs believe life begins at conception, emergency contraception...

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