Quantum Windbag
Gold Member
- May 9, 2010
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Bush wins for being honest.
Judge rips Obama?s right-wing Plan B stance - Salon.com
Frank Amanat, arguing on behalf of the administration, said that the court had overreached by ordering a particular policy rather than remanding to the agency for further review. But he could not say, in response to repeated demands from Korman, that the result would be any different if it were returned to the agency. Nor did he specify any harm that would come from making the drug more available.
The irony is that I would be allowing what the FDA wanted. This has got to be one of the most unusual administrative law cases I have ever seen, Korman said, adding, I would have thought that on the day I handed down my decision, they would be drinking champagne at the FDA.
Korman said the administration had engaged in a choreography: First the president makes a speech to Planned Parenthood and throws them a kiss. The next day you grant an application from 2012″ to make it available with ID for 15 and up, in an attempt to sugarcoat the appeal of Kormans order to lift all restrictions. (The decision was actually announced a couple of days after the Planned Parenthood speech.)
The government didnt argue the merits of requiring a photo ID or that the drug only be sold in locations with an on-site pharmacy, but Korman made clear why he found that to be an inadequate compromise: Youre using these 11- and 12-year-olds to place an undue burden on womens ability to access emergency contraception. If its an impediment to voting, its an impediment to get the drug.
Judge rips Obama?s right-wing Plan B stance - Salon.com