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Risk for Obama in pursuing morning-after pill case

By Lauran Neergaard

Associated Press

Published: Saturday, April 6 2013 10:05 p.m. MDT

This undated image made available by Teva Women's Health shows the packaging for their Plan B One-Step (levonorgestrel) tablet, one of the brands known as the "morning-after pill." In a scathing rebuke of the Obama administration, a federal judge ruled Friday that age restrictions on over-the-counter sales of the morning-after pill are "arbitrary, capricious and unreasonable" and must end within 30 days.

Teva Women's Health, Associated Press

WASHINGTON — President Barack Obama supports requiring girls younger than 17 to see a doctor before buying the morning-after pill. But fighting that battle in court comes with its own set of risks.

A federal judge in New York on Friday ordered the Food and Drug Administration to lift age restrictions on the sale of emergency contraception, ending the requirement that buyers show proof they're 17 or older if they want to buy it without a prescription.

The ruling accused the Obama administration in no uncertain terms of letting the president's pending re-election cloud its judgment when it set the age limits in 2011.

"The motivation for the secretary's action was obviously political," U.S. District Judge Edward Korman wrote in reference to Health and Human Services Secretary Kathleen Sebelius, who made the 2011 decision.

The FDA had been poised to allow over-the-counter sales with no age limits when Sebelius took the unprecedented step of overruling the agency.

If the Obama administration appeals Korman's ruling, it could re-ignite the simmering battle over women's reproductive health, which is never far from the surface in American politics. An appeal also could sidetrack the president just as he's trying to keep Congress and the public focused on gun control, immigration and resolving the nation's budget woes.

"There's no political advantage whatsoever," said Democratic strategist Hank Sheinkopf. "It's a side issue he doesn't need to deal with right now. The best idea is to leave it alone."

Still, Obama has made clear in the past that he feels strongly about the limits. As a politician whose name won't ever appear on a ballot again, it's hard to see the downside in sticking by his principles.

"As the father of two daughters, 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," Obama said in 2011 when he endorsed Sebelius' decision.

The Justice Department said it is evaluating whether to appeal. Allison Price, a department spokeswoman, said there would be a prompt decision.

The White House said Obama's view on the issue hasn't changed since 2011.

"He supports that decision today. He believes it was the right common-sense approach to this issue," White House spokesman Jay Carney said.

Appealing the decision could rile liberal groups and parts of Obama's political base that are already upset with his forthcoming budget, which includes cuts to programs like Medicare and Social Security.

But currying favor with conservatives who want the ruling to stand probably won't do much to help Obama make progress on his second-term priorities.

"It won't help him with Republicans in Congress to get policy matters attended to," Sheinkopf said.

Also weighing on Obama and his aides as he decides how to proceed is the unpleasant memory of previous dust-ups over contraception.

Among them is an election-year spat over an element of Obama's health care overhaul law that required most employers to cover birth control free of charge to female workers as a preventive service.

That controversy led to lawsuits that threatened to embroil Obama's health care law, already under fire for a requirement that individuals buy insurance, in even more legal action.

When Obama offered to soften the rule last year, religious groups said it wasn't enough. Obama proposed another compromise on the rule in February to mixed response from faith-based groups.

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