Obama admin. appealing Plan B. Time to email the White House.

[Gregorian]

http://zpg.convio.net/site/MessageViewer?em_id=8921.0&dlv_id=19381

Dear Friend,

Late yesterday, the Obama administration announced that it plans to appeal the recent court ruling making Plan B, the emergency contraceptive available over the counter to women of all ages. The appeal is unrelated to the FDA decision earlier this week to allow girls and women 15 and older to buy Plan B over the counter (OTC).

The decision to appeal is deeply disappointing.

The age restriction – whether 17 as it’s been for the past two years, or 15 as the FDA has now approved – has no medical or scientific justification. None. That’s why the FDA originally recommended that it be available OTC -- only to have that overruled by the Secretary of Health and Human Services. It’s why the judge ordered the administration to make Plan B available, without prescription, to everyone regardless of age.

[villager]

1. Getting harder to keep up with the litany of betrayals...

n/t

[frazzled]

2. The White House is not part of this. It's separate JD/FDA action.

The Justice Department’s appeal will not say at what age girls should have access to over-the-counter morning-after pill. Instead, it will contend that Judge Korman did not have the authority to order the F.D.A. to take a specific action and should have sent the issue back to the agency for further action. And it will say the judge did not have the right to extend his order to versions of the pill not included in the lawsuit.

...

“This is a decision that the Justice Department is making in representing our client: F.D.A.,” the official said. “This is not a political decision. It’s not had White House intervention or involvement. This in our judgment is the right legal step to take in this case.”

http://www.nytimes.com/2013/05/02/health/us-will-appeal-order-on-morning-after-pill.html?ref=us

This is a purely legal matter about whether a judge can tell a government agency what to do, and that has ramifications: a judge might tell the FDA to do something we DON'T want it to do. The client here is the FDA.

I hope they do extend the morning-after contraceptive to all ages, under 17. However, I understand that this is not what this appeal is about: it's about separation of powers, and precedent.

[enlightenment]

4. So in a purely legal way,

The executive branch (DOJ) is going to try and tell the judicial branch what it can tell the executive branch (FDA) to do.

I love constitutionally mandated pissing matches.

[forestpath]

3. There he goes again.