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Old 12-06-2007, 08:09 AM
jseal jseal is offline
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Join Date: Feb 2003
Location: Maryland
Posts: 541,353
Jude30,

I posted that I thought the State would succeed in enforcing the regulation requiring that the pharmacists dispense the prescriptions.

That seemed reasonable, as legal theory (commerce clause) permits the State to regulate commerce. I assumed that the regulations satisfied other necessary law.

Judge Leighton granted the injunction based upon both legal theory and the facts – the real world data – of the case.

Having read what Judge Leighton wrote, I understand now that my original position, based only on theory, was too simplistic. It seems I was mistaken. How about you?
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