Doctor concerned with health care law

Breaking news and expert analysis on legal and compliance issues

[Back To Home][Back To Archives]

From Health Law Daily, May 10, 2013

Court denies HHS request for stay pending Plan B appeal

By Michelle L. Oxman, JD, LLM

The judge who ordered HHS to grant a citizen petition to make levonorgestrel-based emergency contraception available over the counter to all women regardless of age, has ruled that HHS should not be granted a stay pending appeal (Tummino v Hamburg, No. 12-CV-763 (ERK)(VVP), May 10, 2013). A stay pending appeal is to be granted when the party seeking the stay will suffer irreparable injury without a stay and has a substantial possibility of success on the merits, and the stay is in the public interest. He reasoned that HHS’ appeal is “frivolous and is taken for the purpose of delay.”

The court reiterated its finding that the Secretary’s action overruling the determination of the FDA that the pill could safely be sold to any woman of reproductive age without a prescription was politically motivated, without scientific basis, and inconsistent with the agency’s standard procedure. It also noted that the HHS did not suggest that there was a reasonable possibility that the finding would be overturned on appeal.

Nevertheless, as a courtesy to the Court of Appeals, the district court granted a stay until the appeals court could consider the government’s motion. However, the ruling was expressly conditioned upon the government’s filing its motion for a stay by noon on Monday, May 13, 2013.

MainStory: TopStory NewsStory PharmaceuticalNews GeneralNews NewYorkNews

Health Law Daily

Introducing Wolters Kluwer Health Law Daily — a daily reporting service created by attorneys, for attorneys — providing same-day coverage of breaking news, court decisions, legislation, and regulatory activity.


A complete daily report of the news that affects your world

  • View full summaries of federal and state court decisions.
  • Access full text of legislative and regulatory developments.
  • Customize your daily email by topic and/or jurisdiction.
  • Search archives for stories of interest.

Not just news — the right news

  • Get expert analysis written by subject matter specialists—created by attorneys for attorneys.
  • Track law firms and organizations in the headlines with our new “Who’s in the News” feature.
  • Promote your firm with our new reprint policy.

24/7 access for a 24/7 world

  • Forward information with special copyright permissions, encouraging collaboration between counsel and colleagues.
  • Save time with mobile apps for your BlackBerry, iPhone, iPad, Android, or Kindle.
  • Access all links from any mobile device without being prompted for user name and password.