[HHS Secretary Kathleen Sebelius’] action was politically motivated, scientifically unjustified, and contrary to agency precedent.Federal Judge Edward R. Korman • Denouncing, in very unambiguous terms, the decision by Health and Human Services Secretary Kathleen Sebelius to block the FDA’s decision that morning-after emergency contraception be made available over the counter, as opposed to requiring a prescription for girls age 16 or younger. Sebelius, with the vocal support of President Obama, had blocked the FDA’s proposed lifting of the rule in 2011 — Obama commented at the time: “I think it is important for us to make sure that we apply some common sense to various rules when it comes to over-the-counter medicine.” Judge Korman’s take? That the decision, in the midst of a contentious election season, was “arbitrary, capricious and unreasonable.” source
More than 12 years have passed since the citizen petition was filed and 8 years since this lawsuit commenced. The F.D.A. has engaged in intolerable delays in processing the petition. Indeed, it could accurately be described as an administrative agency filibuster.Judge Edward R. Korman • Discussing the Food and Drug Administration’s delays in implementing the morning-after pill in a way that everyone could use it.