The Second Circuit Court of Appeals ruled Wednesday that the U.S. Food and Drug Administration (FDA) must immediately comply with an earlier order by U.S. District Court Judge Edward Korman to make some forms of levonorgestrel-based emergency contraception available without a prescription and without point-of-sale or age restrictions.
The ruling came in response to the administration’s request for a stay while it appeals Korman’s order. The Second Circuit’s order, only two pages, is a partial win for women’s health advocates; while it lifts restrictions on two-pill variants of emergency contraception, it grants the Obama administration’s request to stay, or pause, Judge Korman’s order as it applies to one-pill products, such as Plan B One-Step, pending the outcome of the government’s appeal. That appeal will be placed on an expedited schedule as requested by the administration.
In a statement, Nancy Northup, president and CEO of the Center for Reproductive Rights, said: “Today’s decision from the 2nd Circuit marks a historic day for women’s health. Finally, after more than a decade of politically motivated delays, women will no longer have to endure intrusive, onerous, and medically unnecessary restrictions to get emergency contraception.”
The Obama administration appealed Korman’s decision earlier this month, just one day after the Food and Drug Administration (FDA) approved Plan B One-Step to be sold over-the-counter to consumers ages 15 and up. But even that approval was limited, restricting sales to stores that have an on-site pharmacy and only to those with identification. The Plan B approval was in direct conflict with Judge Korman’s April order requiring all emergency contraception be made available over-the-counter and without point-of-sale restrictions.
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“Medical experts, the FDA’s own scientists, and a federal court have all agreed: there are no medical grounds to keep emergency contraception behind the counter for any woman” Northrup said. “Expanding access to this safe and effective way of preventing pregnancy after failed birth control or unprotected sex is the among the very best decisions our federal government can make for women’s health.”
A schedule for the full-appeal is not yet available.