Plan B
DOJ drops appeal of Plan B contraceptive ruling
The US Department of Justice and the Food and Drug Administration (FDA) announced Monday that neither agency will seek to continue the appeal of a ruling that allows women of all ages to access emergency contraception without a prescription. The US Court of Appeals for the Second Circuit refused to stay the ruling last Wednesday. Judge Edward Korman of the US District Court for the Eastern District of New York ruled in April that requiring a prescription for women under 16 to obtain the drug commonly known as Plan B was a politically-motivated decision that resulted in arbitrary and capricious action by the FDA. The DOJ initially said it would appeal the decision , arguing the judge overstepped his authority. The FDA announced after the district court decision that it would comply with over-the-counter sales, but still require proof of age for some forms of the pill.
The decision to drop the appeal comes just weeks after the Obama administration urged the appeals court to delay implementation of the ruling. After the initial complaint filed by women's rights groups, the Secretary of the Department of Health and Human Services (HHS), Kathleen Sebelius, intervened to block the ruling as it related to minors, citing inadequate evidence concerning adverse health effects.
(Published by Jurist - June 11, 2013)