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October 27, 2014
Contact: Kurt Wuelper, 603-970-0783


New Hampshire Right to Life [NHRTL] is dismayed that the NH Supreme Court continues to deny citizens the right to sue state agencies who act illegally. NHRTL had sued over the Board of Pharmacy’s failure to enforce basic FDA safety protocols which are required under NH statutes. The Board of Pharmacy did not deny that it was acting unlawfully or that allowing distribution of dangerous pills was putting women’s health at risk, but asked the Court to dismiss the petition on ‘standing’ grounds.

Last week, the Supreme Court sided with the Pharmacy Board and denied the people of NH have any right to demand the agency enforce NH law regarding unlawful granting of drug distribution licenses to Planned Parenthood. This decision allows any state agency to flagrantly violate the law with no possibility of taxpayers challenging that action in court.

The Supreme Court arrogantly overruled the legislature which had specifically written this right, RSA 491:22, into law just two years ago, in response to another bogus Court decision, Baer v. Board of Education.

The FDA has found over a dozen maternal deaths and over 2000 incidents of hemorrhaging, infections and excessive bleeding from the failure to follow the basic FDA safety protocols required under NH statutes.

This week’s decision keeps NH women at risk from the illegal distribution of dangerous drugs by Planned Parenthood, and it strips the people of their inherent right to demand the Pharmacy Board enforce NH laws. While other states are working on enacting laws to protect women’s health, the state of New Hampshire is refusing to enforce its existing laws.

NHRTL is appalled at that the Court is so oblivious to the health of NH women and the importance of the rule of law over state agencies.

NHRTL urges the General Court to once again address this important issue in the coming session.

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