[QUOTE=Shodan]
Not to put too fine a point on it, but the cite I provided mentions that the restriction is put in place to prevent easy access to minors of Plan B. Which I would characterize as a matter of public safety, as I mentioned. So, AFAICT, that is the rationale behind the restrictions. If it helps, perhaps we can define “public safety” broadly, to include “not interfering with the duty of parents to make important decisions on behalf of their minor children”.
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I must have missed the cite - apologies. I didn’t mean to deny that was one of the government’s purposes behind the restriction, just that I hadn’t seen what it was. I think likely there is also a moral policeman purpose as well, but I can accept that “public safety” however defined is their stated aim. However, my point was that this aim can and very often is twisted and manipulated to include almost anything. It’s like the Commerce Clause. Now we can argue all day about whether that is a good or a bad thing (and I think we would probably agree bad) but it doesn’t alter my basic point that the government calling something “for the public good” doesn’t actually mean a whole hill of beans.
[QUOTE=Shodan]
I see your point - but the case we are discussing is where a pharmacist is giving up the benefit of being able to vend Plan B. He obviously derives no benefit from not selling something - just the opposite, he loses business. So it is not a matter of gaining the benefit but refusing to “pay” for it by abandoning rights.
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If he got no benefit from not selling, he wouldn’t not sell. His benefit isn’t always measured in financial terms. And what he is “abandoning rights” for is the continuance of his license, a beneficial gift from the government.
[QUOTE=Shodan]
Well, frankly, yes - if there were a convincing reason that forcing pharmacists to dispense Plan B against their principles was in the interest of public safety, then I would accept the restriction of their rights just as I do for other restrictions. I can even see forcing a pharmacist to dispense Plan B to a woman whose life was threatened by an involuntary pregnancy.
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OK. What degree of harm has to come to someone before a pharmacist’s rights can be ignored?
[QUOTE=Shodan]
But it doesn’t seem you are arguing for a public safety rationale, but a financial one.
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Pretty much yes - I don’t think ‘public safety’ is the only grounds upon which a government can place restrictions upon the issuance of a license.
[QUOTE=Shodan]
But then we bump up against what seems a fundamental divide between us -
It is not (in my view) within their constitutional power to request this, unless they can come up with a public safety or other valid reason to request it. According to Roe v. Wade (bad law, IMO, but let’s accept it as valid for the moment), there is a right for an individual to decide about abortion. No one can interfere with that right without a valid justification. Remember that Plan B is not a prescription drug, merely one that can only be sold in a pharmacy or retail outlet with a pharmacy included. My local grocery store has such a pharmacy. But it is sold like tobacco - kept away from minors, and behind the counter only for that reason.
[/QUOTE]
I think you are constitutionally wrong here. There are many examples of people having to surrender constitutional rights to receive benefits from the government. The closest I think you could come on this one is with some of the more bizarre interpretations of the religion clauses, butthen you would get to the crazy situation of your ‘right’ not to sell Plan B because you are a Catholic being protected, and your ‘right’ not to sell Plan B because you think contraception is bad for the community not protected.
[QUOTE=Shodan]
Your argument now seems to be that the financial benefit involved in working in a pharmacy necessarily implies that the government can revoke one or more of your rights without any other justification but that you work there.
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Actually, I am not talking about the pharmacy workers, but the licensee. If an owner wants to allow a worker not to sell it, fine, as long as there is adequate coverage.
[QUOTE=Shodan]
I wasn’t saying that it was a public safety issue. ISTM that by the same logic as for the pharmacist, since the government can shut down a newspaper’s printing press because it is unsafe, they can then revoke the other rights of the newspaper for reasons unrelated to public safety. The precedent is set, just as it was for the pharmacist.
If it makes it any clearer, reconsider my alcohol argument. You have to have a liquor license to run a liquor store. Thus, the government is restricting access to alcohol, and the liquor store owner benefits financially from the lack of competition. But the owner wants to run a family-friendly business, and so he refuses to sell, say, adult magazines and tobacco (or Mein Kampf, for that matter). Would it be licit for the government to require the owner to sell these things if there were no bookstores or tobacconists nearby? If you can restrict liquor sales for reasons of public safety, can you then argue that the liquor store owner has forfeited other of his rights at the same time?
Regards,
Shodan
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I just think using the press is a bad example, because the government is specifically prevented from interfering with a free press. Would those restrictions on a liquor store be licit? On the surface (and I reserve the right to think more deeply about this) yes, under my analysis. That doesn’t mean they are good, or should be in place, and I would certainly oppose them. Kind of like blue laws really. I think they are wrong, but I am pretty certain states are allowed to impose them (except not, because in my mind they are an Establishment of religion, and so violate the first, but let’s not go down that path right now…)