PCJF: Judge Calls Obama Administration Position a "Charade" in Blocking Morning After Pill
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PCJF: Judge Calls Obama Administration Position a "Charade" in Blocking Morning After Pill
Today, U.S. District Court Judge Edward R. Korman heard arguments regarding the Obama administration’s Motion to Stay his Order from April 5, 2013, requiring that emergency contraception be made available without age and point-of-sale restrictions. Over a two-hour period, Judge Korman made it clear that the government’s position was unjustifiable. Calling the government’s conduct a “charade” the Judge condemned the “political influence” that has caused a “total and complete corruption of the administrative process.”
“As Judge Korman made clear today, the administration’s tactics affect all women but have the greatest negative impact on poor women, young women and African American women, as well as immigrant women. This is politics at its worst and the administration should be ashamed of its duplicitous conduct,” stated Andrea Costello, Senior Staff Attorney at the Partnership for Civil Justice Fund and counsel for the plaintiffs in the litigation.
“President Obama sought to sacrifice the reproductive rights of women of all ages at the altar of his political strategy,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund. “He wants to placate the political right wing at the expense of the health needs and reproductive rights of women. It is as plain as day that the Obama administration has used deception and distraction as a tactic to avoid complying with the Court Order to make the Morning After Pill available without age restriction or identification barriers.”
The Court indicated that it would issue a ruling on the government’s motion by the end of the week.
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Salon.com: "Judge rips Obama’s right-wing Plan B stance"
“It turns out that the same policies that President Bush followed were followed by President Obama,” said District Court Judge Edward Korman on Tuesday morning, in a charged and dramatic two-hour hearing in which the Obama administration defended its arbitrary policy to limit contraceptive access.
Korman was explaining why, when previously ruling on access to Plan B emergency contraception, he had initially waited for the administration to act on its own and make the drug widely available based on scientific evidence, rather than on politics. “The process had been corrupted by political influence. I remanded because I thought with a new president” things would be different, Korman said. But in 2011, Secretary of Health and Human Services Kathleen Sebelius overruled, with the president’s explicit blessing, the FDA’s recommendation to lift all age restrictions, which Korman ruled in March was a decision made in “bad faith” because of the politics around sex and contraception. He ordered the administration to lift all restrictions. Instead, it accepted a manufacturer’s petition to make Plan B available over the counter only with photo ID showing the purchaser was at least 15, and the Department of Justice is appealing.
This morning, Korman repeatedly slammed his hand down on the table for emphasis, interrupting the government counsel’s every other sentence with assertions like, “You’re just playing games here,” “You’re making an intellectually dishonest argument,” “You’re basically lying,” “This whole thing is a charade,” “I’m entitled to say this is a lot of nonsense, am I not?” and “Contrary to the baloney you were giving me …” He also accused the administration of hypocrisy for opposing voter ID laws but being engaged in the “suppression of the rights of women” with the ID requirement for the drug.
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