In a blistering 52 page decision, a Brooklyn federal judge yesterday found that under the Bush administrations, FDA restriction on the morning-after pill had been influenced by conservative ideology and involved “political considerations, delays and implausible justifications,” rather than being grounded in science and “reasoned decisionmaking.”
The judge has given the Food and Drug Administration 30 days to begin allowing minors who don’t’ have a prescription to buy Plan B, the emergency contraception that was the subject of intense political battles during the Bush administration.
The FDA has restricted over-the-counter access to Plan B to women 18 and older. Following the decision, they must begin allowing 17-year-olds to buy it, and must reconsider its ban on nonprescription sales to minors as young as 11.
Studies and most scientists have long conceded that Plan B is safe and effective without a prescription. Despite this, the judge found that over-the-counter approval for adults over 18 was delayed until 2006 amid evidence of “pressure emanating from the White House “departures from normal procedures.”
Advocates lauded the decision as an important advance and find it unlikely that the Obama administration will appeal.
“Today’s ruling is a tremendous victory for all Americans who expect the government to safeguard public heal,” said Nancy Northup, head of the Center for Reproductive Rights, which brought the suit. “The message is clear – the FDA should put medical science first and leave politics at the lab door. We are encouraged that the agency, now under new leadership, will take that message to heart.”
Social conservatives have decried the ruling. The New York State Catholic Conferece said making it easily available to younger women could open the door to its overuse as a primary method of birth control, with potential medical risks.
About Plan B
What is it? Plan B is a synthetic hormones which prevents ovulation or interferes with the implantation of a fertilized egg. (Opponents argue that is the equivalent of abortion.)
Usage: If taken within 72 hours of intercourse, it can reduce the risk of pregnancy by up to 89%. (Because the drug needs to be taken quickly to be effects, proponents pushed for over-the-counter approval.)
Approval: The FDA approved the drug with a prescription in 1999. In 2006, it approved its sale over-the-counter to women 18 or older.



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