Fri 5 Apr, 2013 10:21 am
A federal judge on Friday reversed a contentious Food and Drug Administration ruling and ordered the agency to make the so-called "morning-after pill" available without a prescription to all girls of reproductive age, including those younger than 17.
The ruling by U.S. District Judge Edward Korman in Brooklyn, New York, comes in a lawsuit brought by reproductive-rights groups that had sought to remove age and other restrictions on emergency contraception, as Reuters first reported.
Currently, only women aged 17 and or older can obtain emergency contraception without a prescription. That rule has been in place since December 2011, when Health and Human Services Secretary Kathleen Sebelius overruled an FDA recommendation -- and Commissioner Margaret Hamburg -- to force the agency to limit emergency contraception to young girls.
In his ruling Friday, Korman said the FDA's rejection of requests to remove age restrictions to obtain the pill had been "arbitrary, capricious and unreasonable," Reuters reported. The 59-page ruling says that Sebelius' actions were "politically motivated, scientifically unjustified and contrary to agency precedent."
Not much, but still great to see.
The politicization of emergency contraception has led to speculation that Friday's decision did the Obama administration a favor.
"This may be a free pass for them," said Lars Noah, a professor at the University of Florida College of Law. "You can say, 'our hands were tied, we were forced to cave in.'"
"Whatever the political calculus is, I'd be shocked if they appealed this," he continued. "They are probably just going to walk away from this one, and maybe thank their lucky stars this is how they got to the right outcome."
Riiiiiiiight.....the judge rules that this is a case of abuse of government power by the executive branch which is commanded by The Great One but this is a win for team Obama....
breaking news...Team Obama is using the courts to try to reverse this victory for teen rights.