Judge orders some morning-after pills sold to girls of any age over-the-counter

U.S. District Judge Edward Korman has said two generic abortifacients may be sold to any minor of reproductive age without a prescription.
Wed Jun 5, 2013 - 4:59 pm EST

NEW YORK, June 5, 2013 ( – A federal judge has ordered two generic forms of abortifacient emergency “contraception” to be sold over the counter, pending a final decision in an ongoing case with the Obama administration. However, U.S. District Judge Edward Korman said that the use of brand-name Plan B One Step can only resume after the case is resolved.

Judge Korman had ruled in April that the morning after pill must be made available over-the-counter to girls of all ages, a decision the Obama administration appealed. He is the same judge who lowered the age of sales without a prescription from 18 to 17 in 2009.

Center for Reproductive Rights President Nancy Northup hailed today's decision, decrying “intrusive, onerous, and medically unnecessary restrictions” on the free distribution of abortion-inducing drugs to girls as young as 11.


In the wake of Judge Korman's April ruling, the Federal Drug Administration had lowered, but not removed age restrictions as the judge had ordered, approving the morning after pill for sale without a prescription to minors from 15 years of age upward – a decision that pro-life advocates said was hypocritical and impractical.

No studies have been done about the effect of a heavy dose of hormones on girls so young. Nor is it clear how a cashier would verify someone is 15, since most girls at that age do not have a state-issued identification card.

“While we welcome the Justice Department’s challenge of the judge’s ruling that Plan B should be as widely and freely available as aspirin, we can’t help but wonder why the Obama administration is suddenly concerned with women’s health, when every other move it has made has been in favor of unrestricted abortion and contraception – even going so far as to force those with religious and moral objections to pay for them,” said Father Shenan Boquet, the president of Human Life International.

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“While the FDA contends that more contraceptives will decrease the rate of unintended pregnancies, several studies have shown that the opposite is true,” he added. “This ruling will only serve to increase promiscuity, and increase the number of unborn deaths in our nation.”

The FDA’s decision, he said, “completely ignores recent large studies indicating that levonorgestrel-only contraceptives, such as Plan B, do not block ovulation and may result in the death of a fertilized embryo – a living human bein – by inhibiting implantation if administered during the first four-to-five days of the fertile window.”

“In other words, Plan B is most likely not a contraceptive at all, but an abortifacient pill,” said Father Boquet.

A Justice Department spokeswoman said the administration is reviewing the decision. 

  edward korman, morning after pill, plan b