[media-credit name=’Kelsey Fenton / The Badger Herald’ align=’alignright’ width=’336′][/media-credit]
Women nationwide will soon have access to emergency contraceptive pills without a prescription, medical or parental oversight as long as they are at least 12 years old as the result of a federal court decision.
Federal Judge Edward Korman in New York ruled Friday the U.S. Food and Drug Administration must make these “morning after” pills available to all women of child-bearing age with no prescription in the next month.
While Wisconsin youths have statistically lower rates of risky sexual behavior, Milwaukee ranked sixth highest in the percentage of births by teens among large U.S. cities, according to a Wisconsin Department of Health report.
The 2011 report also found African Americans teens in Milwaukee have higher rates of birth, sexually transmitted diseases and HIV than teens from any other ethnic group and, in some instances, these rates are among the highest for all American cities.
University of Wisconsin political science professor Donald Downs said in an email to The Badger Herald he thinks the ruling will likely encourage more teenage sexual activity, which is why both former President George W. Bush and President Barack Obama’s administrations overturned the FDA’s determination.
“This decision is going to be hot politically, exacerbating the already hot debate over teenage sex and abortion-related issues,” Downs said. “The key legal issue is the authority of the Secretary of [U.S. Department of Health and Human Services] to overrule the scientific judgments of the FDA and the FDA’s legal mandate to regulate. Under the law, the FDA is there to make scientific judgments, not moral judgments about use.”
Downs, an adviser for The Badger Herald, added the ruling left the door open for the government to require parental consent for girls under certain ages to buy morning after pills. He said he thinks this issue could end up in court as well.
Pro-Life Wisconsin State Director Peggy Hamill said Korman’s “irresponsible” decision defies medical ethics and common sense.
“These are powerful steroids that you’re making available to children, children who are not even old enough to understand the repercussions of ingesting hormonal steroids that drastically affect their physical health,” Hamill said.
Hamill cited an instance where a girl from La Crosse died from a standard dose of levonorgestrel-based contraceptive pills, not the “super-dose” in morning after pills.
Patricia Dolhun, a gynecologist for the Milwaukee-based Madison Medical affiliate, said she supports Korman’s ruling. She also said Plan B pills may have minor, but not life-threatening, side effects.
“Everybody always says if there’s access to contraception, is that going to prompt more sexual activity?” Dolhun said. “Well, condoms are available over the counter, so does that prompt more sexual activity? Maybe, but it also provides a goal: prevention of pregnancy.”
Dolhun added she has seen an uptick in reported cases of patients using emergency contraceptive pills in Milwaukee in recent years.
Korman’s ruling overturned a 2011 decision by HHS Secretary Kathleen Sebelius and Obama’s administration baring eligibility to access the pills to women under 17.
Remanding the 2011 case to the FDA, Korman gave the instruction that the agency make contraceptive pills open for purchase to all women within 30 days of his Friday ruling.