{"id":107,"date":"2008-12-22T11:40:46","date_gmt":"2008-12-22T11:40:46","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/12\/illinois-supreme-court-pro-lif.html"},"modified":"2008-12-22T11:40:46","modified_gmt":"2008-12-22T11:40:46","slug":"illinois-supreme-court-pro-lif","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/12\/illinois-supreme-court-pro-lif.html","title":{"rendered":"Illinois Supreme Court: Pro-Life Pharmacists to Get Day in Court"},"content":{"rendered":"

It’s been a busy time for Illinois Governor Blagojevich at the Illinois Supreme Court.  <\/span>Last week, the state’s highest court refused to hear a case involving a challenge to the Governor’s fitness to remain in office as he battles corruption charges.  <\/span>That was the big story.<\/font><\/p>\n

 <\/font><\/p>\n

But there was also a decision by the Illinois Supreme Court last week – one you probably didn’t hear much about – a decision handing the Governor a defeat concerning a troubling administrative regulation he issued years ago concerning the conscience rights of pro-life health care professionals.<\/font><\/p>\n

 <\/font><\/p>\n

We serve as co-counsel for two pro-life pharmacy owners in Illinois who sued Gov. Blagojevich and other state officials over a 2005 administrative regulation that coerces pro-life pharmacists into dispensing Plan B, the so-called “morning-after pill.”  <\/span>The lawsuit asked that the regulation, which provides for license revocation and steep fines for religiously-based refusals to dispense, be struck down because they violate the First Amendment, the Illinois Health Care Right of Conscience Act, and the Illinois Religious Freedom Restoration Act.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

The trial court dismissed the lawsuit, and a divided Court of Appeals affirmed that dismissal on the grounds that the lawsuit was not “ripe” for adjudication because the pharmacists had not yet actually suffered any concrete harm from the regulation. The Illinois Supreme Court granted review of the case and heard arguments in March.<\/font><\/p>\n

 <\/font><\/p>\n

Just days ago, the Illinois Supreme Court issued its decision<\/a> <\/font><\/font><\/font>and reversed the lower courts and ruled that our clients are entitled to their day in court.  <\/span>The high court held that the case was indeed “ripe” for consideration and sent the matter back to the trial court. <\/font><\/p>\n

 <\/font><\/p>\n

The Illinois high court concluded that the Governor’s order has a direct and real impact on pro-life health care professionals.   <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

The court stated:   <\/span>“In its current form [the regulation] has an even greater concrete and coercive impact on plaintiffs. The rule now expressly requires that plaintiffs must stock and dispense Plan B contraception. Under the current version, the simple failure by plaintiffs to make efforts to stock the contraceptive in question would subject plaintiffs to a range of penalties, including license revocation.  <\/span>Under these circumstances, application of the rule to plaintiffs cannot be considered remote. Instead, the rule affects their business operations on a day-to-day basis and exposes plaintiffs to strong sanctions.”<\/font><\/p>\n

 <\/font><\/p>\n

This favorable decision on standing really does represent a major victory for pro-life health care professionals in Illinois who have been in legal limbo for years.  <\/span>By rejecting the Governor’s refusal to recognize the religious objections of our clients, the Illinois Supreme Court cleared the way for this issue to be litigated, as it should.<\/font><\/p>\n

 <\/font><\/p>\n

In its opinion, the Illinois Supreme Court also determined that ” . . . they [Gov. Blagojevich and other state defendants] have publicly stated that they will vigorously prosecute pharmacists with religious objections to drive them out of the profession and that a pharmacy must fill Plan B prescriptions without making moral judgments if it wants to stay in business.”<\/font><\/p>\n

 <\/font><\/p>\n

In the trial court, we will assert that the Governor’s order is in direct conflict with both state and federal laws protecting the conscience rights of health care workers.  <\/span>The Governor is clearly determined to force out of their profession pharmacists whose moral codes differ from his.  <\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n

We look forward to presenting our case in court and remain hopeful that the legal system will uphold a principle that most Americans understand – no American should be forced to make a choice between their conscience and their livelihood.<\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

It’s been a busy time for Illinois Governor Blagojevich at the Illinois Supreme Court.  Last week, the state’s highest court refused to hear a case involving a challenge to the Governor’s fitness to remain in office as he battles corruption charges.  That was the big story.   But there was also a decision by the…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,4],"tags":[],"class_list":["post-107","post","type-post","status-publish","format-standard","hentry","category-courts","category-religious-freedom"],"yoast_head":"\nIllinois Supreme Court: Pro-Life Pharmacists to Get Day in Court - Lynn v. Sekulow<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/12\/illinois-supreme-court-pro-lif.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Illinois Supreme Court: Pro-Life Pharmacists to Get Day in Court - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/107","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=107"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/107\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=107"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=107"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=107"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}