Today the Second Circuit Court of Appeals ruled that the Food and Drug Administration (FDA) must immediately begin selling emergency contraception over the counter to anyone who asks for it.
The court partially rejected a stay requested by the Department of Justice that would force them to sell emergency contraception over-the-counter to women and girls of all ages. The FDA had begun to implement the changes as required by a lower court ruling, when Health and Human Services Secretary Kathleen Sebelius overruled their decision, prompting a Department of Justice appeal. The Second Circuit Court of Appeals ruled that two-pill variations of emergency contraception must immediately be made available without restrictions. However, the court did grant a stay against the unrestricted sale of one-pill variations, pending appeal.
Eleanor Smeal, President of the Feminist Majority Foundation, asserted, “This is a major victory for women’s health. The Appeals Court gets it. Evidence-based science and medicine must rule, not politics. This decision will help countless women and girls gain local access to safe, emergency birth control.”
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