--- title: New Developments in OTC Emergency Contraception Court Case date: 2013-06-07T20:55:44-04:00 author: OBOS Admin canonical_url: "https://ourbodiesourselves.org/blog/new-developments-in-otc-emergency-contraception-court-case" section: Blog (Archive) --- [Donate](https://ourbodiesourselves.org/donate) [From the Archives of Our Bodies, Our Blog](/blog)# New Developments in OTC Emergency Contraception Court Case By Rachel Walden • June 7, 2013 Please note: This entry -- originally posted at [Our Bodies, Our Blog](https://ourbodiesourselves.org/blog) -- has not been updated since the publication date listed above. First, a quick refresher: A couple of months ago a [judge ordered](http://www.ourbodiesourblog.org/blog/2013/04/the-long-political-history-of-increasing-access-to-emergency-contraception "The Long Political History of Increasing Access to Emergency Contraception") that emergency contraception pills (like Plan B) be made available over the counter (OTC) without age restrictions. The [U.S. Justice Department appealed that ruling](http://www.ourbodiesourblog.org/blog/2013/05/the-week-in-setbacks-for-over-the-counter-emergency-contraception "One Step Forward, Two Steps Back: The Week in Over-the-Counter Emergency Contraception"), and asked for a stay so that OTC access wouldn't take effect during the appeals process. Around the same time, [the FDA approved](http://www.ourbodiesourblog.org/blog/2013/05/the-week-in-setbacks-for-over-the-counter-emergency-contraception "One Step Forward, Two Steps Back: The Week in Over-the-Counter Emergency Contraception") Plan B One-Step emergency contraception pills for purchase without a prescription for teens ages 15 and older. On Wednesday, the Second Circuit Court of Appeals [denied the stay](http://sblog.s3.amazonaws.com/wp-content/uploads/2013/06/2d-CA-Plan-B-stay-order-6-5-12.pdf "June 5th order from the 2nd Circuit") for two-pill types of emergency contraception. This means that two-pill regimens should become available without prescription to women and girls of all ages even before the government's appeal is resolved. The Court allowed the stay for one-pill variants of emergency contraception (e.g. Plan B One Step), and stated that the appeal process would be expedited. Women's health advocates have been fighting for [more than a decade](http://reproductiverights.org/en/emergency-contraception-timeline "Center for Reproductive Rights ec timeline") to make OTC emergency contraception a reality. Nancy Northup of the Center for Reproductive Rights [called Wednesday's order](http://reproductiverights.org/en/press-room/no-more-delays-for-ec-2nd-circuit-partially-denies-federal-government%E2%80%99s-request-to-delay- "No More Delays for EC: 2nd Circuit Partially Denies Federal Government’s Request to Delay Bringing Emergency Contraception Over the Counter") "a historic day for women’s health," adding: "Expanding access to this safe and effective way of preventing pregnancy after failed birth control or unprotected sex is the among the very best decisions our federal government can make for women’s health." Marcia Greenberger of the National Women’s Law Center [remarked](http://www.nwlc.org/press-release/appeals-court-decision-expands-access-emergency-contraception-all-women "Appeals Court Decision Expands Access to Emergency Contraception for All Women"), "The Center applauds today’s decision, which underscores the simple fact that there is no reasonable basis for restricting access to this safe and effective birth control." The American Academy of Pediatrics, American College of Obstetricians and Gynecologists, and Society for Adolescent Health and Medicine have [collectively denounced the administration's decision](http://www.aap.org/en-us/about-the-aap/aap-press-room/pages/ECRulingAppeal.aspx "Medical Groups Denounce Administration’s Appeal of Emergency Contraception Ruling") to appeal the ruling at all, and issued a strong statement rejecting limited access: "There is no scientific justification for a continued age restriction on emergency contraception. The Administration’s decision puts the health of adolescent girls at risk and is inconsistent with what we know about the safety and benefits of emergency contraception." It's unclear what will happen next in the fight for more accessible emergency contraception. The Justice Department has stated only that they are reviewing the order. According to [SCOTUSblog](http://www.scotusblog.com/2013/06/plan-b-access-ordered/), the administration has the option of asking the Supreme Court to delay all parts of that initial order for OTC access without age restriction. NPR's [Shots](http://www.npr.org/blogs/health/2013/06/05/188966646/court-says-some-morning-after-pills-must-be-available-otc-now?ft=1&f=1001) explains that "some lawyers say the government might be able to appeal to the full 2nd Circuit. But more likely, if they insist on fighting, government attorneys would have to seek relief from the Supreme Court justice who oversees the 2nd Circuit — Ruth Bader Ginsburg." --- #### 0 Response Our Bodies Ourselves is no longer able to accept comments. ![](/assets/img/monogram.webp)Topics - [Birth Control & Family Planning](https://ourbodiesourselves.org/blog/topic/birth-control-family-planning) - [Drugs & Pharmaceutical Companies](https://ourbodiesourselves.org/blog/topic/drugs-pharmaceutical-companies) - [Legal](https://ourbodiesourselves.org/blog/topic/legal) - [Public Policy](https://ourbodiesourselves.org/blog/topic/public-policy) - [Youth](https://ourbodiesourselves.org/blog/topic/youth) ![](/assets/img/monogram.webp)### *Why You Can* **Trust Us** - We rigorously evaluate all content - We embrace a reproductive justice framework - We don’t accept ads or sell products - We reject funding from the pharmaceutical industry - We counter misinformation and disinformation - We address the social, political, and economic factors that affect health and sexuality [read more](https://ourbodiesourselves.org/why-you-can-trust-us) Share [](javascript:void();)[](javascript:void();)[](javascript:void();)[](javascript:void();)