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New York Times: Judge Refuses to Drop Order on Contraceptive Pill Without Regard to Age

Reprinted from The New York Times | May 5, 2013

A federal judge on Friday stepped up his criticism of the Obama administration, accusing the Justice Department of making “frivolous” and “silly” arguments in its attempt to delay making the morning-after emergency contraceptive pill available to women and girls of all ages without a prescription.

Judge Edward R. Korman of United States District Court for the Eastern District of New York last month ordered that the drug be made widely available and said raw politics — not scientific evidence — was behind efforts by Kathleen Sebelius, the secretary of health and human services, to block easier distribution to very young girls.

On Friday, he denied the request by government lawyers to suspend his ruling while they appeal. In the process, he lashed out again at Ms. Sebelius in unusually harsh terms, questioning her credibility and integrity.

“If a stay is granted, it will allow the bad-faith, politically motivated decision of Secretary Sebelius, who lacks any medical or scientific expertise, to prevail — thus justifiably undermining the public’s confidence in the drug approval process,” Judge Korman wrote.