Obama administration plans appeal of 'Plan B' ruling

May 3 2013

The Obama administration signals that it will challenge a federal judge's order that would make an emergency contraception drug available over-the-counter to women of all ages. The move comes a day after the FDA said the contraception should be available in that way to anyone older than 15.

The Washington Post: Obama Administration Plans To Appeal Plan B Ruling 
The Justice Department filed notice late Wednesday that it will challenge a federal court decision requiring the government to make emergency contraceptives available over the counter to women of all ages. … In federal court documents, the Justice Department argued that [federal judge Edward] Korman overstepped his authority in ordering the FDA to make emergency contraceptives available to all women over the counter (Kliff, 5/1).

Politico: Plan B Appeal Angers White House Allies
President Barack Obama's administration on Wednesday angered allies in women's groups by appealing a judge's ruling that the morning-after pill must be available over the counter to girls of all ages. The administration has argued that the pill should not be readily available to young teens, so the appeal is consistent with that position (Smith, 5/1).

NPR: Obama Administration Appeals Judge's Order On Plan B
The Obama administration filed an appeal Wednesday of a U.S. district court ruling that ordered it to end all age restrictions on the Plan B emergency contraceptive pill. The move came a day after the Food and Drug Administration lowered the age for which the product can be purchased without a prescription from 17 to 15 (Rovner, 5/1).

Los Angeles Times: Government Will Appeal Plan B Emergency Birth Control Ruling
In Wednesday's court filing, government attorneys said the appeal was justified because it was up to the FDA, not the court, to determine how drugs were sold. "The public interest will not be served by reclassification of drugs as non-prescription by order of a court, without appropriate agency decision-making procedures being followed," wrote Loretta Lynch, U.S. attorney for the Eastern District of New York (Morin, 5/1).

The Hill: Justice Dept. To Appeal Plan B Court Ruling
The Center for Reproductive Rights, which filed the lawsuit challenging the FDA's age restrictions, slammed the appeal. "We are deeply disappointed that just days after President Obama proclaimed his commitment to women's reproductive rights, his administration has decided once again to deprive women of their right to obtain emergency contraception without unjustified and burdensome restrictions," the group said in a statement (Baker, 5/1).

CNN: Justice Department Appeals Morning-After Pill Ruling
The U.S. Justice Department filed a notice of appeal Wednesday over a federal judge's ruling that directed the Food and Drug Administration to make the morning-after birth control pill available to females of all ages without a prescription. The government also filed a motion for a temporary stay of the FDA's approval on Tuesday of the availability of the Plan B One-Step emergency contraception pill without a prescription for ages 15 and older (Brusk and Carter, 5/2).