Pharmacists want pill rule overturned

A group of pharmacists asked the Illinois Supreme Court on Tuesday to throw out a rule that forces them to dispense emergency contraception despite moral objections, claiming it amounts to illegal coercion.

Gov. Rod Blagojevich issued the rule in spring 2005, prohibiting pharmacies from turning away women seeking emergency contraception. The medicine is a higher dosage of typical hormonal contraception which, if taken within three days of having sex, greatly reduces the chance of pregnancy.

It acts to impede contraception, which in the eyes of anti-abortion pharmacists is tantamount to abortion.

In the closely watched case that mirrors concerns raised in other states, the druggists argued that Illinois law protects them from choosing between violating their consciences and losing their licenses, and that they shouldn't have to wait until they're out of jobs to seek justice.

A lawyer for Blagojevich argued the pharmacies in the lawsuit don't even stock so-called "morning-after" medication so it's unlikely they would violate the rule. They also don't have standing to sue because they've not suffered any repercussions, said Laura Wunder, an assistant state attorney general.

But in oral arguments, justices bluntly pointed out to Wunder that the pharmacies must get the drug if requested -- putting their licenses at risk if they don't comply.

"If 'place the order' wasn't in the rule itself, I would imagine the pharmacies that have a problem with dispensing the drug would just not stock it, and if they didn't have to order, what's the problem?" Chief Justice Robert Thomas said. "But the rule does say they have to order it if the customer asks them to."