5.5.13 - Battle Rages On: Obama Administration Tries to Stop Landmark Morning-After Pill Order

On April 5th 2013, National Women's Liberation won a landmark victory when our 10 year campaign for full morning-after pill access culminated in a Federal court decision ordering the Food and Drug Administration to remove all restrictions on the pill. On May 1st, the Obama Administration announced it would appeal the decision.

Statement of our attorneys with the Partnership for Civil Justice Fund (PCJF):

This is history in the making and it will affect the basic rights of women for generations to come.

PCJF represents grassroots feminist activists with National Women’s Liberation and 15 year-old Anaya Kelly in Tummino v. Hamburg, a lawsuit filed along with the Center for Reproductive Rights against the Food and Drug Administration (FDA) and Health and Human Services (HHS).



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 and 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.

Instead of complying with the Court's Order for full over-the-counter access for everyone, the government announced Tuesday it would defy the Judge's ruling and force everyone ages 15 years old and up to show an I.D. in order to obtain emergency contraception; the FDA calls this "over-the-counter."

The FDA also announced it would continue to require a prescription for the Morning-After Pill for girls under 15 years old. The next day, Wednesday, the Obama Administration, through it's representative the Department of Justice, announced it was appealing the Judge's decision.

The government is requesting a stay of the court's order; if granted the government would not have to remove morning-after pill restrictions during the appeal process. On this Tuesday, May 7th, NWL plaintiffs will be in court before Judge Korman opposing the government's request.