This morning, Judge Edward Korman of the District Court of Eastern New York overturned the Obama administration’s ban on allowing women under age 17 to purchase emergency contraception without a prescription. Judge Korman has ordered the FDA to make Plan B available over the counter to all women “within thirty days.”
In late 2011, the administration overruled a decision by the FDA to allow teenage girls to purchase Plan B without a prescription. The administration’s move came as a surprise and was blasted for being politically motivated. In the decision released today, Judge Korman seemed to agree with that assessment, writing that the restriction was “a strong showing of bad faith and improper political influence … The decisions of the Secretary with respect to Plan B One-Step…were arbitrary, capricious, and unreasonable.” (The full decision can be read here.)
Plan B has been available to women ages 17 and older without a prescription, and to younger women that have a prescription. But keeping the medication behind pharmacy counters meant that women could only buy the pill when the pharmacy was open, and many pharmacies are closed on evenings and weekends. Since Plan B is most effective if taken within 72 hours of having unprotected sex, such delays matter. Women have also reported encountering pharmacists that refused to sell them Plan B, because the medication violated their own personal beliefs.
Today’s decision is great news, and a great way to start the weekend!