Plan B Will Be Sold Without Prescriptions, Feds Tell Judge They Will Comply With Judge's Ruling

10:31 PM, Jun 10, 2013   |    comments
Morning After Pill, Plan B Pill, Getty Images
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New York-- The federal government on Monday told a judge it will reverse course and take steps to comply with his order to allow girls of any age to buy emergency contraception without prescriptions.

The Department of Justice, in the latest development in a complex back-and-forth over access to the morning-after pill, notified U.S. District Judge Edward Korman it will submit a plan for compliance. If he approves it, the department will drop its appeal of his April ruling.

"Once the court confirms that the government's understanding is correct, the government intends to file with the Circuit Court notice that it is voluntarily withdrawing its appeal in this matter," the department said in a letter to the judge.

Last week, the appeals court dealt the government a setback by saying it would immediately permit unrestricted sales of the two-pill version of the emergency contraception until the appeal was decided. That order was met with praise from advocates for girls' and women's rights and with 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.

Advocates for girls' and women's rights said Monday the federal government's decision to comply with the judge's ruling could be a move forward for "reproductive justice" if the U.S. Food and Drug Administration acts quickly and puts emergency contraception over the counter without restriction.

Annie Tummino, lead plaintiff in a lawsuit over unrestricted access to the morning-after pill and coordinator of the National Women's Liberation, said women and girls should have "the absolute right to control our bodies without having to ask a doctor or a pharmacist for permission."

"It's about time that the administration stopped opposing women having access to safe and effective birth control," she said in an emailed statement.

 The government had appealed the judge'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.

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