In a First Amendment challenge to rules promulgated by the Washington State Board of Pharmacy requiring pharmacies to deliver lawfully prescribed FDA-approved medications, a preliminary injunction in favor of Plaintiffs is reversed, where the District Court erroneously treated Plaintiffs' as-applied challenge as a facial challenge.
Argued and Submitted July 8, 2008
Filed July 8, 2009
Opinion by Judge Wardlaw
Concurrence by Judge Clifton
Rima J. Alaily, Seattle, WA