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))
Relies on City of Cleburne Texas v. Cleburne Living Center · Elrod v. Burns · Wisconsin v. Yoder · Sherbert v. Verner · Snyder v. Commonwealth of Massachusetts
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[n]obody could seriously question a refusal to fill a prescription because the customer did not pay for it.'”
2 later decisions quote this exact passage · from the concurrence“'[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“(1) Pharmacies have a duty to deliver lawfully prescribed drugs or devices to patients and to distribute drugs and devices approved by the U.S. Food and Drug Administration for restricted distribution by pharmacies, or provide a therapeutically equivalent drug or device in a timely manner consistent with reasonable expectations for filling the prescription, except for the following or substantially similar circumstances:”
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.