It was recently announced that the U.S. attorney’s office will be appealing a federal judge’s decision to make Plan B One-Step aka the morning after pill and other related emergency birth control pills available to consumers of all ages without a prescription. It had been previously reported that the Plan B pill be available to over the counter, removing longstanding age and point of sale restrictions that prevent women from being able to access emergency contraception. This means that young girls from 15 years and up can supply their own morning after pill. Well, it would have meant that, but now it seems this ruling may be appealed.
LA Times is reporting that papers filed with the U.S. 2nd Circuit Court of Appeals, government lawyers have asked that the court overturn an order by U.S. District Judge Edward Korman. Korman is the one who has ordered that the morning after pill be available to all women 15 and up by Monday. With this date steadily approaching,the government is hoping to put a halt to Korman’s request.
The FDA’s decision to appeal this ruling is based on a pending and amended application submitted by Teva Women’s Health Inc–the drug’s manufacturer. This is who the Times is breaking down the reasoning behind the appeal:
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.
“A stay of the court’s order will prevent public uncertainty regarding the status of the drugs at issue here pending the government’s appeal to the second circuit,” she said.
This appeal is a bit disappointing because it limits the choices women who find themselves pregnant have. Because of the politics surrounding emergency contraceptives, women have often faced delays in getting their medication. These delays will continue and possibly even become certified roadblocks on the journey of women owning their own reproductive health.
What do you think about this appeal?
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