Stormans, Inc. v. Selecky, No. 07-36039

In a First Amendment action seeking to require pharmacies to deliver lawfully prescribed FDA-approved medications and prohibit discrimination against patients, a preliminary injunction in favor of plaintiffs is reversed where the district court incorrectly applied a heightened level of scrutiny to a neutral law of general applicability, and the injunction was overbroad. (Superseding opinion)

Read Stormans, Inc. v. Selecky, No. 07-36039

Appellate Information

Argued and Submitted July 8, 2008

Filed October 28, 2009

Judges

Opinion by Judge Wardlaw

Counsel

For Appellants:

Alan D. Copsey, Assistant Attorney General, Olympia, WA

Rima J. Alaily, Seattle, WA

For Appellees:

Kristen K. Waggoner, Seattle, WA