Today, U.S. District Court Judge Edward R. Korman heard arguments regarding the Obama administration’s Motion to Stay his Order from April 5, 2013, requiring that emergency contraception be made available without age and point-of-sale restrictions. Over a two-hour period, Judge Korman made it clear that the government’s position was unjustifiable. Calling the government’s conduct a “charade” the Judge condemned the “political influence” that has caused a “total and complete corruption of the administrative process.”
“As Judge Korman made clear today, the administration’s tactics affect all women but have the greatest negative impact on poor women, young women and African American women, as well as immigrant women. This is politics at its worst and the administration should be ashamed of its duplicitous conduct,” stated Andrea Costello, Senior Staff Attorney at the Partnership for Civil Justice Fund and counsel for the plaintiffs in the litigation.
“President Obama sought to sacrifice the reproductive rights of women of all ages at the altar of his political strategy,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund. “He wants to placate the political right wing at the expense of the health needs and reproductive rights of women. It is as plain as day that the Obama administration has used deception and distraction as a tactic to avoid complying with the Court Order to make the Morning After Pill available without age restriction or identification barriers.”
The Court indicated that it would issue a ruling on the government’s motion by the end of the week.
The Partnership for Civil Justice Fund (PCJF) represents the plaintiffs, grassroots feminists activists with National Women’s Liberation (NWL) and 15-year-old Anaya Kelly in Tummino v. Hamburg. The lawsuit was filed along with the Center for Reproductive Rights and Southern Legal Counsel against the Food and Drug administration and Health and Human Services.
On April 5, the Court ruled in the plaintiffs' favor that there was no scientific basis for the Obama administration to continue to restrict access to emergency contraception. Judge Korman ordered that it be made available to women and girls "without a prescription and without point-of-sale or age restrictions within thirty days." The Court found that the FDA had improperly restricted this safe and effective contraceptive after "political interference" from the White House, and had done so against the medical and scientific evidence recommending the drug be made readily available.
Instead of complying with the Court's Order, the government announced last Tuesday that it would force all women and girls to present government-issued ID to store clerks in order to obtain emergency contraceptives, and that it would continue to deprive over-the-counter access to young teenagers. The next day, Wednesday, the government announced it was appealing the decision and that it was seeking a stay of the order pending appeal.