In a blast at the Obama administration, a Brooklyn federal judge threw out age restrictions on over-the-counter sales of the controversial morning-after contraceptive pill.
Judge Edward Korman said the rule requiring women under 17 to have a prescription to buy Plan B was “obviously political” as well as “arbitrary, capricious and unreasonable.”
The ruling, coming after a 12-year battle over the pill, was certain to touch off a new culture war between liberals and social conservatives.
“A 12-year-old in a New York City school cannot be given an aspirin by her teacher, even if she has a fever,” said Bill Donohue, president of the Catholic League for Religious and Civil Rights. “But she can be given a pill, unbeknownst to her parents, that could arguably abort her baby.”
Supporters hailed the decision.
“Today, science has finally prevailed over politics,” said Nancy Northup, president of the Center for Reproductive Rights, which had petitioned the Food and Drug Administration to strike down age restrictions on the pill.
Taking the pill, which sells for $40 to $50 each, within 72 hours of sexual intercourse can cut the chances of pregnancy by up to 89 percent, supporters say.
The FDA was preparing to remove restrictions in 2011 when Health and Human Services Secretary Kathleen Sebelius, in an unprecedented step, overruled it.
President Obama — “as a father of two daughters,” he said — endorsed Sebelius’ decision
The decision was widely seen as a bid to court conservatives who feared girls as young as 11 would become sexually active.
Korman rejected that fear in his 59-page ruling, calling it “an excuse to deprive the overwhelming majority of women of their right to obtain contraceptives without unjustified and burdensome restrictions.”“The number of 11-year-olds using these drugs is likely to be minuscule,” he said.
Korman’s order goes into effect in 30 days. The Justice Department wouldn’t say if it would appeal, but the White House said Obama’s views haven’t changed since Sebelius’ order.
“The president supported that decision after she made it, and he supports that decision today,” said spokesman Jay Carney.
Critics said the judge’s ruling endangers the health of girls.
“There is a real danger that Plan B may be given to young girls under coercion and without their consent. The involvement of parents and medical professionals act as a safeguard for these young girls,” said Anna Higgins of the Family Research Council.
Sean Fieler, chairman of the Pro-Life Commission of the Archdiocese of New York, said, “This is a tragic decision, taking away from parents their legitimate rights to know what medical care and medications their children are receiving.”