ADF seeks to challenge order requiring FDA to disregard parental rights

ADF attorneys file motion to intervene in ‘Plan B’ lawsuit on behalf of Concerned Women for America and pro-life medical organizations
Monday, June 29, 2009

BROOKLYN, N.Y. — Alliance Defense Fund attorneys together with attorney Charles Holster of Mineola have filed a motion to intervene to challenge a federal court order that requires the Food and Drug Administration to allow the Plan B drug, which many doctors believe can cause an abortion, to be sold over the counter to minors. The motion was filed on behalf of Concerned Women for America, the Christian Medical and Dental Association, and Christian Pharmacists Fellowship International, who contend that the order disregards parental rights and the safety of minors.

“The life and health of women, especially minors, is more important than the political agenda of pro-abortion activist groups. Minors are least of all in a position to make an informed decision about the life or death of a child, or even about their own safety. It is a lie that over-the-counter sales of this drug increase safety for women, including minors,” said ADF Legal Counsel Matt Bowman.

“The organizations that are seeking to intervene in this lawsuit represent thousands of medical personnel that will not only be affected by the court’s order but believe strongly that it will result in both parents and doctors being left out of the loop in a child’s care. The order allows minors to bypass being seen by a doctor who can check for sexually transmitted diseases and other potentially serious medical conditions,” Bowman explained. “Our motion argues that the case should be dismissed because, under the law, the plaintiffs have not established sufficient reason that they can even ask for an order like this.”

In 2005, the pro-abortion Center for Reproductive Rights sued the FDA to force it to make the Plan B drug available over the counter. The FDA agreed to make it available without a prescription to women 18 years of age or older. Unsatisfied, the CRR continued its lawsuit to force the FDA to make the drug available over the counter to children, too. In March, a federal judge ordered the FDA to permit Barr Pharmaceuticals, the drug’s sponsor, to make it available to 17-year-olds without a prescription.

The motion to intervene in Tummino v. Hamburg was filed Thursday with the U.S. District Court for the Eastern District of New York.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.