Judge allows subpoena on Plan B documents

January 1, 2007

A US Magistrate Judge ruled in November that the Center for Reproductive Rights can subpoena White House documents as part of its lawsuit against the Food and Drug Administration. The center is pursuing a lawsuit to ensure that Plan B is made widely available over the counter to women of all ages. (In August 2006, the FDA approved Plan B without a prescription, but only for women 18 years and older and only behind the pharmacy counter.)

A US Magistrate Judge ruled in November that the Center for Reproductive Rights can subpoena White House documents as part of its lawsuit against the Food and Drug Administration. The center is pursuing a lawsuit to ensure that Plan B is made widely available over the counter to women of all ages. (In August 2006, the FDA approved Plan B without a prescription, but only for women 18 years and older and only behind the pharmacy counter.)

The judge granted the request after finding that the FDA demonstrated "a strong showing of bad faith" in its decision-making process around Plan B. In the ruling, the judge cited several pieces of information that seemed to reflect the FDA's improper behavior, including: