U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

9th Circuit July 2015 News

States can require pharmacies to dispense birth control even if the pharmacy's owner has religious objections, the Ninth Circuit ruled yesterday. The Court upheld a Washington State law that allowed individual pharmacists to refuse to fill prescriptions because of religious objections, so long as another onsite pharmacist will do so.

Pharmacy owners from Washington had objected, arguing that forcing them to fill birth control prescriptions violated their religious beliefs. A unanimous Ninth Circuit panel disagreed, however, finding that the rules were a neutral, rational regulation of the pharmacy industry.

Arizona shares a border with Mexico and Mexican-Americans make up a bit under a third of its citizens. Prior to the Mexican-American War, Arizona was even a part of Mexico. Despite the facts, Arizona declared ethnic studies illegal in 2010 and quickly banned Tucson's Mexican American studies program.

The state's attorney general at the time said that high school classes focusing on Mexican American history were "propagandizing and brainwashing." Tucson school board members feared that teachers were indoctrinating students through burritos -- seriously. The Ninth Circuit, thankfully, brought a little sanity back into the conversation, ruling this Tuesday that the law was at least partially unconstitutional.

Right before it left for summer break, the Supreme Court granted cert to a case that will leave many teachers worried about their future. On the last day of its 2015 term, the Court agreed to review a constitutional challenge to state rules requiring some government workers to pay fees to unions they have not joined. The suit came from a group of non-union California school teachers who claimed the fees infringed upon their First Amendment rights.

According to the non-union teachers, they should not be forced to financially support a union they do not agree with. Labor advocates, the California Attorney General, and Supreme Court precedent, however, argue that the teachers benefit from organized labor and should therefore be required to pay their fair share for the benefit. It's likely that precedent won't stand much longer.