Emergency Contraception Lawsuit Can Continue

A New York federal judge recently ruled that a lawsuit brought by the Center for Reproductive Rights (CRR) against the federal government can continue. The case began last January, with CRR filing on behalf of the Association of Reproductive Health Professionals, the National Latina Institute for Reproductive Health, and others. The suit alleges that the Food and Drug Administration (FDA) violated a statutory deadline for making a decision on whether to allow over-the-counter sales of the emergency contraceptive Plan B, and in doing so, violated women’s constitutional rights to privacy and equal protection.

Assistant US Attorney Franklin Amanat argued that CRR lacked the standing to bring the case, and it should be dismissed. Judge Edward Korman disagreed, and ruled that the suit could continue. In making his decision, Korman said “This has all the earmarks of an administrative agency filibuster. There’s a serious issue here as to whether they’re acting in good faith,” reports Newsday.


Kaiser 1/3/06; Newsday 12/23/05

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