Cincinnati, OH -- The American Center for Law and Justice, an
international public interest law firm, said today it is disappointed with
a decision that's likely to delay the trial date in a lawsuit against
Kmart on behalf of a pharmacist who was fired for refusing to dispense
abortion producing drugs.

The trial date of November 5th is likely to be postponed due to a decision
by the federal court to permit Planned Parenthood to intervene in the case
in support of Kmart.

"This began back in 1996 and we were prepared to present our case in
federal court next month," said Francis J. Manion, Senior Counsel for the
ACLJ who is suing Kmart on behalf of the pharmacist. "While the entry of
Planned Parenthood is likely to delay the trial, we're confident that the
rights of employees who oppose abortion will prevail. It is clear that no
employee should be forced to choose between their livelihood and their
conscience. We will prove that the firing of our client violated a state
conscience law that protects persons who refuse to perform or participate
in medical procedures that result in an abortion."

The U.S. District Court in Cincinnati yesterday granted Planned
Parenthood's motion to intervene in the case. Planned Parenthood also
filed a motion for summary judgment - asking the court to dismiss the case
claiming that Ohio's conscience clause does not apply to the drugs that
Karen Brauer refused to dispense.

The case began in 1996 when Kmart fired Karen Brauer, an Indiana
pharmacist, after she refused to dispense a drug called Micronor.
Micronor, a progestin-only contraceptive, works in a significant number of
patients by preventing the implantation of a fertilized egg. According to
Brauer, this means Micronor and similar drugs, rather than preventing
pregnancy, terminate a human life that has already begun. Brauer was fired
from Kmart's Hamilton, Ohio store when she refused to sign an agreement
that she would dispense all lawfully prescribed medications regardless of
her feelings or beliefs. The ACLJ filed suit against Kmart in U.S.
District Court in Cincinnati in August 1999. In January 2001, the court
refused to dismiss the suit at Kmart's request and ruled that Brauer's
case could go forward under Ohio's conscience law.

Manion said the ACLJ would vigorously oppose the Planned Parenthood motion
to dismiss the case. "We intend to prove that the drugs Brauer refused to
dispense, and all other so-called `emergency contraceptives,' work by
ending the life of a distinct, separate human being. Karen Brauer and many
other health professionals should have a right to choose not to dispense
medication that ends a life."

Manion said the case is critical in helping to protect the rights of
employees who hold religious beliefs. "This case has enormous implications
for the growing practice of chemical or drug-induced abortions. So-called
`emergency contraceptives', `morning-after pills,' and RU-486 all work -
not by preventing pregnancy - but by ending a human life already in
existence."

The American Center for Law and Justice is an international public
interest law firm focusing on constitutional issues, religious liberty
work, and specializing in pro-life litigation.