The Corner

Re: Pharmacies

Ramesh’s point is well taken. The key here, I believe is that (like it or not) the morning-after pill is a legal product. Were Eckerd requiring its employees to commit illegal activity — perhaps, say, prescribe a combination of drugs for the purpose of inducing an abortion when doing so was illegal, albeit never prosecuted — then it would be a completely different story. I also recognize that the position I am espousing suggests that private employers should not have to tolerate the religious practices or beliefs of their employees where it contradicts a reasonable company policy (in this case, Eckerd’s desire to make all legal pharmaceuticals available to its customers).

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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