Judge rules FDA must issue death after life
On April 5, Federal District Court Judge Edward R. Korman ordered the Food and Drug Administration to allow over-the-counter distribution of Plan B abortifacient pills to girls of any age, thus striking down even the Obama administration's practice of requiring a prescription for girls 16 years old and younger.
Ironically, the FDA had originally recommended that Plan B pills be available to all ages without a prescription, but this recommendation was overridden by Health and Human Services Secretary Kathleen Sebelius due to fears that it had not been proven "safe" for 11-year-old girls.
That age was crucial to Sebelius, because 10 percent of 11-year-old girls are capable of becoming pregnant and giving birth.
Korman ruled that Sebelius's decision was "arbitrary, capricious, and unreasonable."
He said that girls who want to take the potentially life-ending drugs "should not be forced to endure, nor should the agency's misconduct be rewarded by, an exercise that permits the FDA to engage in further delay and obstruction."
When Sebelius overruled the FDA to keep Plan B pills out of the hands of children, President Obama supported the idea that a "10-year old or an 11-year old going into a drugstore [shouldn't] be able" to buy Plan B pills "alongside bubble gum or batteries."
That's correct thinking, but Obama's support of Sebelius's action is incongruent with the abortion pill mandate in ObamaCare. That mandate laid the groundwork for placing these pills beside the candy bar and cola stand.
Judge Korman seized on this when he criticized what he saw as political motivations behind Sebelius's refusal to allow girls younger than 17 years to get Plan B over the counter to begin with. According to Korman, Sebelius's decision was "politically motivated, scientifically unjustified, and contrary to agency precedent."
In other words, Korman believes that his ruling forces the Obama administration to go where it had intended to go all along -- but where they hesitated to go because of political backlash.
Either way, the decision now means that children -- no matter how young -- will be able to buy potentially life-ending abortifacients when they next enter a drugstore to buy a Coke and a bag of chips.
Catherine Glenn Foster is a litigation counsel with Alliance Defending Freedom (www.alliancedefendingfreedom.org).