Obama's ban on Plan-B, the popular emergency contraception, for women under 17 without a prescription, was overturned by a federal district judge Friday. Citing "improper political influence," a judge ordered the FDA to make the oral contraceptive available OTC to women of all ages, citing an April 5 Washington Post report.
Judge Edward Korman of the District Court of Eastern New York delivered an opinion today that sent ripples throughout social media, Washington and reproductive rights groups.
Essentially, the court's decision in overturning Obama's ban on emergency contraception scores a victory for women who now have more control of decisions with their bodies. However, the controversial decision signaled an upcoming battle from the Justice Department and the White House.
Here's a partial opinion from Judge Korman on Plan-B:
"The decisions of the Secretary with respect to Plan B One-Step…were arbitrary, capricious, and unreasonable."
His order to the FDA is to "Make levonorgestrel-based emergency contraceptives available without a prescription and without point-of-sale or age restrictions within thirty days."
Without getting into the legal jargon of the opinion, the court believes that there is no basis to withhold Plan-B from women who need it within the short window of opportunity (three days).
Past arguments were based on a mix of data and assertions that many adolescents are having unprotected sex in great numbers. However, current statistics suggest children under 11 are not having intercourse as much as opponents of oral contraceptives claim.
Moreover, scientific evidence says the morning after pill is safe as it only contains one type of hormone.
Nonetheless, there are opponents who suggest that oral contraception in any form is an abortion. However, there is no estrogen in the morning after pill; it only prevents a fertilized egg from attaching to a woman's uterus. Experts add that the Plan-B pill will not terminate a pregnancy.
A White House spokesperson said that President Barack Obama still maintains his "common sense" rejection of the One-Step pill.
While the FDA has not commented on the judge's order, matters surrounding emergency contraceptives are likely headed towards the Supreme Court.
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