Stormans Inc. v. Selecky’s Empirical Analysis
2012
Citation profile
1 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964)
Relies on City of Cleburne Texas v. Cleburne Living Center · Griswold v. State of Connecticut · Rochin v. People of California · Winter v. Natural Resources Defense Council, Inc. · Cantwell v. State of Connecticut
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[T]he public, legislators and governor are telling us loud and clear that they expect the rule to protect the public from unwanted intervention based on the moral beliefs ... of a pharmacist.' " Ibid. " '[T]he moral issue IS the basis of the concern.' " Ibid. Saxe, a primary drafter of the regulations, recognized that the task was " 'to draft language to allow facilitating a referral for only these non-moral or non-religious reasons .' " Ibid. He suggested that making an express " 'statement that does not allow a pharmacist/pharmacy the right to refuse for moral or religious judgment' " might be a " 'clearer' " way to " 'leave intact the ability to decline to dispense ... for most legitimate examples raised; clinical, fraud, business, skill, etc.' " Ibid. And in the end, that is what the Board did. While the regulations themselves do not expressly single out religiously motivated referrals, the Board's guidance accompanying the regulations does: "The rule,”
1 later decision quote this exact passage · from the majority“the rules exempt pharmacies and pharmacists from stocking and delivering lawfully prescribed drugs for an almost unlimited variety of secular reasons, but fail to provide exemptions for reasons of conscience.”
1 later decision quote this exact passage · from the majority“decline to accept Medicare or Medicaid or the patient's particular insurance, and on that basis, refuse to deliver a drug that is actually on the shelf.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.