Conservative groups were critical of the opinion and urged an appeal.
“Even [Health and Human Services] Secretary Kathleen Sebelius saw the dangers of this logic. Since when have we placed politics over the health and well-being of our kids,” asked Penny Nance, president of Concerned Women for America.
“This harmful ruling should be appealed, and we are confident it will be overturned,” she said.
“Teen girls need parents, not unfettered access to abortion-inducing drugs,” said Marjorie Dannenfelser, president of the antiabortion group Susan B. Anthony List. “Judge Korman’s decision is reckless and denies girls the protection that comes along with the involvement of parents and doctors.”
Korman, a Reagan nominee, has presided over the Plan B litigation for years. In 2009, he ordered the Food and Drug Administration to expand availability of the drug without prescription to 17-year-olds.
The plaintiffs in the case had long argued that the emergency contraceptive drug was safe and effective according to the FDA’s own studies and should be available without prescription regardless of age.
In an unusually candid admission by a federal judge, Korman said he rejected the plaintiffs’ argument in a 2009 decision, even though he’d concluded that the FDA had “bowed to political pressure emanating from the [Bush] White House and departed from agency policy.”