G. Redd at 4:54 PM ET
Wednesday, June 12, 2013
DOJ drops appeal of Plan B contraceptive ruling
DOJ drops appeal of Plan B contraceptive ruling
G. Redd at 4:54 PM ET
[JURIST] The US Department of Justice and the Food and Drug Administration (FDA) [official websites] announced Monday that neither agency will seek to continue the appeal of a ruling [opinion, PDF] that allows women of all ages to access emergency contraception without a prescription. The US Court of Appeals for the Second Circuit [official website] refused to stay the ruling [JURIST report] last Wednesday. Judge Edward Korman of the US District Court for the Eastern District of New York [official website] ruled [JURIST report] in April that requiring a prescription for women under 16 to obtain the drug commonly known as Plan B
[JURIST news archive] was a politically-motivated decision that
resulted in arbitrary and capricious action by the FDA. The DOJ
initially said it would appeal the decision [JURIST report], arguing the judge overstepped his authority. The FDA announced
[press release] 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
[JURIST report] 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) [official website], Kathleen Sebelius
[HHS profile], intervened to block the ruling as it related to minors,
citing inadequate evidence concerning adverse health effects.
G. Redd at 4:54 PM ET
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