The Enid News and Eagle, Enid, OK

National and world

June 5, 2013

Court: Girls can buy morning-after pill for now

NEW YORK — Girls of any age can buy generic versions of emergency contraception without prescriptions while the federal government appeals a judge's ruling allowing the sales, a federal appeals court said Wednesday.

The order, the latest in a series of rulings in a complex back-and-forth over access to the drug, was met with praise from advocates for girls' and women's rights and scorn from social conservatives and other opponents, who argue the drug's availability takes away the rights of parents of girls who could get it without their permission.

The brief order issued by the 2nd U.S. Circuit Court of Appeals in Manhattan permitted two-pill versions of emergency contraception to immediately be sold without restrictions, but the court refused to allow unrestricted sales of Plan B One-Step until it decides the merits of the government's appeal. It did not specify why the two-pill versions were being allowed now, though it said the government failed to meet the requirements necessary to block the lower-court decision.

Department of Justice spokeswoman Allison Price said the government was reviewing the court's order.

Center for Reproductive Rights President Nancy Northup called the day of the court's order 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," she said in a statement.

The center's litigation director, Julie Rickelman, said the government has two weeks to decide whether to appeal the 2nd Circuit's decision on the stay to the full appeals court or the Supreme Court. Even if there is no appeal of the stay ruling, it was unclear how soon drugstores would move the two-pill emergency contraception from behind the counter. She said she hoped the pills would be available without restriction within a month.

"What it does mean is that generic two-pill products are going to be readily available to women without age restrictions, on any drugstore shelf," Rickelman said. "It'll be like buying Tylenol. You'll be able to go get it off the drugstore shelf, no ID, at the regular counter."

Anna Higgins, director of the Family Research Council's Center for Human Dignity, where she focuses on issues including conception and end-of-life care, said the ease of access to the drug was the problem. She described the court's order Wednesday as "confounding."

"Our reaction in general is a concern for the safety of young girls and the rights of parents," she said.

But Dr. Georges Benjamin, of the American Public Health Association, said the court was right to allow women of child-bearing age to have access to emergency contraception, saying he was "hopeful that the full appeals court, when it finally decides, will have the same view."

The government has appealed U.S. District Judge Edward Korman's underlying April 5 ruling, which ordered emergency contraceptives based on the hormone levonorgestrel be made available without a prescription, over the counter and without point-of-sale or age restrictions.

The government asked the judge to suspend the effect of that ruling until the appeals court could decide the case, but the judge declined, saying the government's decision to restrict sales was "politically motivated, scientifically unjustified and contrary to agency precedent." He also said there was no basis to deny the request to make the drugs widely available.

The government had argued that "substantial market confusion" could result if the judge's ruling were enforced while appeals were pending, only to be later overturned.

The morning-after pill contains a higher dose of the female progestin hormone than is in regular birth control pills. Taking it within 72 hours of rape, condom failure or just forgetting regular contraception can cut the chances of pregnancy by up to 89 percent. But it works best within the first 24 hours. If a girl or woman already is pregnant, the pill has no effect. It prevents ovulation or fertilization of an egg.

The Food and Drug Administration was preparing in 2011 to allow over-the-counter sales of the morning-after pill with no limits when Health and Human Services Secretary Kathleen Sebelius overruled her own scientists in an unprecedented move.

The FDA announced in early May that Plan B One-Step could be sold without a prescription to those 15 and older. Its maker, Teva Women's Health, plans to begin those sales soon. Sales had previously been limited to those who were at least 17.

Korman, the judge, later ridiculed the FDA changes, saying they established "nonsensical rules" that favored sales of the Plan B One-Step morning-after pill and were made "to sugarcoat" the government's appeal.

He also said they place a disproportionate burden on blacks and the poor by requiring a prescription for less expensive generic versions of the drug bought by those under age 17 and by requiring those over age 17 to show proof-of-age identification at a pharmacy.

Plan B One-Step is the newer version of emergency contraception — the same drug but combined into one pill instead of two.

___

Neergaard reported from Washington.

 

1
Text Only
National and world
  • Obama leaders web.jpg Migrants: President Obama urges Latino leaders, Republicans to help

    White House adviser Dan Pfeiffer said that House Speaker John Boehner’s effort to sue Obama over his use of executive authority “has opened the door for Republicans possibly considering impeachment at some point in the future.”

    July 25, 2014 1 Photo

  • Mideast web.jpg Gaza sides agree to lull but truce efforts stall

    The latest diplomatic setbacks, after several days of high-level diplomacy in the region, signaled that both sides are digging in and that the fighting in Gaza is likely to drag on.
    Israel wants more time to destroy Hamas military tunnels and rocket launching sites in Gaza, while the territory’s Hamas rulers want international guarantees that a Gaza border blockade will be lifted before they cease fire.

    July 25, 2014 1 Photo

  • APTOPIX Hospital Shoo_Hass.jpg Official: Hospital gunman intended to kill others

    A psychiatric patient ranted about a hospital gun ban before opening fire at the suburban medical complex, killing his caseworker and grazing his psychiatrist before the doctor pulled out his own weapon and fired back.

    July 25, 2014 1 Photo

  • Darth Vader is polling higher than all potential 2016 presidential candidates

    On the other hand, with a net favorability of -8, Jar Jar is considerably more popular than the U.S. Congress, which currently enjoys a net favorability rating of -65.

    July 25, 2014

  • g000258000000000000245c0063741aaafcc815c5b3199362fb09f8a7c3.jpg Llama on the loose corralled in Missouri town

    
Gibson called Diamond City Hall for help but the police chief was out on another call. The city clerk came to join in the surveillance ...

    July 25, 2014 2 Photos

  • Severe Weather web.jpg Tornado slams Virginia campground; 2 dead

    A couple from New Jersey was killed when a tree fell on their tent. Their 13-year-old son, in a tent next to them, had life-threatening injuries.
    He was among three dozen people hurt.

    July 25, 2014 1 Photo

  • Aviations Bad Week web.jpg Bad week for aviation: Airline disasters come in a cluster

    Industry analysts and safety experts shake their heads at the seeming randomness of the tragedies, saying they can find no common themes. Nor do they think the events indicate that flying is suddenly becoming less safe.

    July 25, 2014 1 Photo

  • Obama Economic Patriotism web.jpg Obama wants limits on mergers abroad by U.S. companies

    “They’re technically renouncing their U.S. citizenship. They’re declaring they are based someplace else even though most of their operations are here,” Obama said at a technical college in Los Angeles. “You know, some people are calling these companies corporate deserters.”
    He also charged that such companies are “cherry-picking the rules.”

    July 24, 2014 1 Photo

  • Arizona Execution web.jpg As inmate died, lawyers debated if he was in pain

    Department of Corrections Director Charles Ryan read a statement Thursday outside his office dismissing the notion the execution was botched, calling it an “erroneous conclusion” and “pure conjecture.” He said IVs in the inmate’s arms were “perfectly placed” and insisted that Wood felt no pain.

    July 24, 2014 1 Photo

  • Economic Recovery web.jpg U.S. economy, though sluggish, may now be sturdier

    • Inflation is under control. Runaway price increases would be destructive. Low inflation can lay a foundation for growth.

    July 24, 2014 1 Photo

Featured Ads