Judge rips Obama’s right-wing Plan B stance "You're disadvantaging young people, African-Americans,

[kpete]

Source: Salon

Judge rips Obama’s right-wing Plan B stance
"You're disadvantaging young people, African-Americans, the poor... that's the policy of the Obama administration?"
BY IRIN CARMON



Korman was explaining why, when previously ruling on access to Plan B emergency contraception, he had initially waited for the administration to act on its own and make the drug widely available based on scientific evidence, rather than on politics. “The process had been corrupted by political influence. I remanded because I thought with a new president” things would be different, Korman said. But in 2011, Secretary of Health and Human Services Kathleen Sebelius overruled, with the president’s explicit blessing, the FDA’s recommendation to lift all age restrictions, which Korman ruled in March was a decision made in “bad faith” because of the politics around sex and contraception. He ordered the administration to lift all restrictions. Instead, it accepted a manufacturer’s petition to make Plan B available over the counter only with photo ID showing the purchaser was at least 15, and the Department of Justice is appealing.

This morning, Korman repeatedly slammed his hand down on the table for emphasis, interrupting the government counsel’s every other sentence with assertions like, “You’re just playing games here,” “You’re making an intellectually dishonest argument,” “You’re basically lying,” “This whole thing is a charade,” “I’m entitled to say this is a lot of nonsense, am I not?” and “Contrary to the baloney you were giving me …” He also accused the administration of hypocrisy for opposing voter ID laws but being engaged in the “suppression of the rights of women” with the ID requirement for the drug.

Read more: http://www.salon.com/2013/05/07/judge_blasts_obama_administration_over_bush_like_plan_b_decision/

[drmeow]

1. I love it when Republican appointed judges

do liberal things!

[villager]

6. Better than when liberal-elected Presidents do Republican things

Which is mostly what we get with "Democrats" these days....

[drmeow]

8. Well, yeah - although I never

considered Obama liberal. I didn't vote from him in the primary. But I did hope he might not be quite so much of a Republican shill.

[burrowowl]

12. He is a Republican shill!

I'm taking the Obama stickers off my bumper.

[mimi85]

34. Oooooo....

that'll show 'em!

What utter bullshit.

[panzerfaust]

26. We voted for Obama and got Oblahblah

[tblue]

13. It takes a Republican.

If a Democrat or a progressive said it, would Obama listen? I don't think so.

[Chakab]

22. The only time that he responds to criticism

is when it comes from the RW.

It's pathetic.

[Baitball Blogger]

2. This sounds a wee bit embarrassing.

[1StrongBlackMan]

14. And no doubt ...

grounds for appeal.

While I am solidly, unquestioningly, Pro-Choice ... I support a policy that parental (or a court standing instead) permission up to the age of consent. If the court a child a child for control of her body; then, IMHO, the court should consider her a child for Plan-B.

[DeSwiss]

15. The government needs to stay out of everyone's bedroom. Period. n/t

[1StrongBlackMan]

16. The Court setting age restrictions ...

for parental consent is not government getting into the bedroom of an adult (of age of consent) ... the only ones competent to make decisions.

Think that through ...

[DeSwiss]

17. I have thought it through. For over 60 years. :-/ n/t

[1StrongBlackMan]

19. So you are okay ...

with the court allowing 2 year old or 12 year olds do/have done whatever?

[DeSwiss]

20. I'm not sure I understand your question....

...as it relates to my comment.

My point is: Government out of bedrooms. No room in bed for Big Brother.

That's it.

[Phlem]

38. I think the point he's trying to make is

he's got Obama's back no matter what anyone says. That's why he didn't hear you the first time.



-p

[1StrongBlackMan]

41. Sorry, let me clarify ... Plem, are you paying attention ...

The point I was attempting to raise was ...

While I agree that government should stay out of the bedrooms of adults, I have no problem with the government allowing parents to regulate their children. We do/allow that in every other area of a child's life ... because they are children.

[Phlem]

45. Oh!

That's what it was, I wasn't paying attention.



-p

[gtar100]

47. No need for a government regulation here - parents already have that right.

It's not the government that is "allowing" parents to regulate their children anyway. They could, however, interfere with that right.

[1StrongBlackMan]

51. Parents have what right? n/t

[gtar100]

54. Parents already have the right to "regulate" their children. Though that's kind of a weird way to

put it. Governments don't "allow" parents to regulate kids. It is the natural responsibility of parents. Government could only enforce artificial boundaries and requirements and often it's a case-by-case basis whether or not it works out for the better. I'm in complete agreement with the judge on this case. The government wanting to restrict access to minors is really only political, not practical. Given how so many parents actually suck at their responsibilities, putting artificial restrictions on access to the morning after pill puts an unnecessary burden on children who haven't yet reached "the right age" but don't have a trusting relationship with their parents. By allowing access does not take anything away from parents, only from people who find it agreeable for government to control the sexuality of others.

[Phlem]

53. See. I told you so.

http://www.democraticunderground.com/1251304468



-p

[Chakab]

24. Some 12 years olds are going to do it anyway

irrespective of whether or not plan B is available on the shelf in drug stores.

[Occulus]

30. Parents who impregnate their own child, or parents who are hyperreligious and anti-abortion

will likely deny the drug.

Think THAT through.

If you even care.

[1StrongBlackMan]

42. That's why I said ...

"or a court standing in the parents' stead." Or something to that effect.

BTW, it's generally a bad thing to build policy/laws on the extreme case.

[immoderate]

36. So a 14 year old is not competent enough to know she doesn't want to give birth?

If the parents want to overrule that, shouldn't they make sure she's married first? Or something?

--imm

[1StrongBlackMan]

43. Not legally ...

on most areas of their lives, children do not have much of a say in what occurs. Sad ... But in most cases for good reason, there are children.

That said, I don't know what age would be acceptable; but for consistency, IMHO, the court should apply age of consent to have sex.

[immoderate]

48. Why is "consistency" the political ideal here?

What makes you think that will yield the best result?

--imm

[1StrongBlackMan]

52. Consistency ...

and predictiblity is the basis of law.

[Xithras]

39. The legal age of consent in California is 18

So you're advocating that 17 year olds in California be denied abortions or Plan B without parental consent?

Interestingly, a number of propositions to do just that have been proposed in California, and all have been shot down by the voters who want nothing to do with an anti-choice position like that one.

[1StrongBlackMan]

44. If the latter point is true ...

then, californians could just as easily change the age of consent for sex.

[Xithras]

50. It'll never happen. That's political suicide.

No politician wants to walk out in front of voters and say "I want to make it legal for 40 year old guys to sleep with your 16 year old daughter". While that sort of thing may be perfectly legal in the majority of American states, no parent is going to support a politician who actually advocates making it easier. It's a third rail, career ending position.

Heck, even the fight to eliminate statutory rape laws and legalize sex between teenagers went down in flames in California. The best they could manage was to implement the "three year rule", which simply caps the charges at a misdemeanor. It's still a crime for two 16 year olds to sleep together, or for a 17 year old to sleep with an 18 year old, but the charges are limited to a misdemeanor which caps the jail time to one year and blocks sex offender registration. But woe to the 18 year old who gets to walk around with that mark on his criminal record for the rest of his life.

If California couldn't even pass a Romeo and Juliet law, which passed in TEXAS of all places, what are the odds that we could get an actual lowering of the age of consent passed anytime soon?

[SamKnause]

3. Women's rights

Well done judge, well done indeed !!!!

[westerebus]

4. Good on you Judge Korman.

[Ash_F]

5. Guts. /nt

[countmyvote4real]

7. Love this judge. n/t

[blkmusclmachine]

9. .

.

[AnotherMcIntosh]

10. K&R

[Doctor_J]

11. This judge just doesn't understand 12-D chess

By adopting an anti-choice platform, Obama is giving real Dems something to run against in 2014. Get it? Because when the leader of your fucking party is a far right winger, that makes it better for everyone else in the party! I read that today on DU! Not kidding, unfortunately.

KR. Can anyone slow down Obama's far right agenda?

[Dragonfli]

18. I find his stance on this especially puzzling

I often speak of my intense dislike of "new Democrats", I even like to call them 3rd way Republicans because as Obama freely admits, their economic policies are in line with moderate Republican's of the 80's (I would peg them as Moderate 90's Repugs but...).

All that being said, even hard core third way Heritage Foundation believers can usually be relied upon to agree with liberal social policies. Their only link left to the Democratic party is their agreement to further sane progressive social progress that will not harm the bottom lines of their corporate masters

I find this unusual because he is very much a third way Democrat, but his stance on this is not third way, I would expect laws that favor corporate profits above workers, but not this, this is not a third way view at all, it is social conservatism, not even the DLC think tanks would advocate this.

[stuffmatters]

21. Agree with all the judge's points

Plus find Obama's "paternalism" on this issue downright offensive.

[idwiyo]

23. K&R

[davidpdx]

25. I am absolutely pro-choice

I see two different issues here:

1) The ID issue (which parallels the problem of disadvantaged adults being able to get ID to vote)

2) The age issue

On the ID issue I absolutely agree that is a problem. How many younger people have ID confirming their age? Not many. I don't think I had one until I got my license (and I didn't one until I got a driving permit when I was 15 or 16). I can see how the argument could be made that much like the issue with voting it is an undue burden if a teen had to go through the process of trying to get an ID through whichever agency in the state issues them (it is probably different per each state). How a pharmacy would confirm someone's age (especially a minor) I have no idea.

The age issue is where I disagree slightly. If the manufacturer has proof (and I'm not saying they do or don't, just that they might) that the drug should only be given to those 15 or over, then there is a legitimate reason for setting the age. The question is what reason did the manufacturer state for the age requirement? Was it political or was it scientific? This is the question people should be asking.

[QC]

27. Judge Edward Korman never really loved him!!

[progressoid]

28. “You’re just playing games here” “You’re basically lying” “Contrary to the baloney you're giving me"

WOW.

[broadcaster75201]

29. Obama is a Reagan Conservative. Always has been. NT

nt

[MannyGoldstein]

37. That's not true.

Reagan quickly ended a serious recession through massive, Keynsian government spending, a traditional Liberal move.

Obama stubbornly insists on sticking to Herbert Hoover solutions which... are working as well as when Hoover implemented them. (But they are very serious, and involve tough decisions and hard choices.)

[Erda]

31. I don't see President Obama's position as "Right Wing" . . .

I think it is important to study the long-term health impact of taking hormone-altering drugs on young bodies. I don't believe this study has been performed. How could it have been? There are certain drugs that have devastating side-effects, even when taken for only brief periods of time.

Why jump to the conclusion that President Obama is playing politics? I would not assume a 14 year old would necessarily know how to use over the counter cough medicine. A few years ago, a young athlete died from using topical muscle pain relievers above the recommended dosage.

And what is this bit about disadvantaging African Americans. If ever there was a stereotype!

[noiretextatique]

32. from the article: 25% of african-american youth do not have photo ids

ergo, the requirement for an a photo ID would disproportionately affect african-american youths from obtaining the drug. the judge is absolutely correct: it's ridiculous to claim that voter ID laws disproportionately and negatively affect african-american youths...then claim that it's not the case with obtaining this drug. the administration is indeed contradicting itself.

[Erda]

33. I was thinking more in terms of African American girls

requiring contraceptives at age 14 -- an old stereotype of promiscuity.

[Doctor_J]

40. So Obama wants to deny them emergency contraception

to break the stereotype? Tell me again why this should be his decision. and yes, his position is as usual VERY far right wing

[RC]

35. They have been using this same drug in Europe for many years.

There is plenty of evidence this drug is safe for its intended use for all ages.

[brett_jv]

46. This is pretty lame on The Administration's part, I have to admit ...

It'd be one thing if we were talking RU-486, which is something that really requires a doctor's involvement and is no walk in the park in terms of the complexity of the 'process'. But Plan-B is really not inherently different than regular birth control measures like the pill. I have to say, considering the extent to which Obama is derided as 'far left' by the wingnuts on the far-right, his policies seem to be incredibly close to those that a wingnut would favor. That's assuming that, you know, they actually paid attention to 'facts' instead of RW propaganda noise. Which is obviously too large of a stretch ...

With each passing day, I become more convinced that a) we progressives have been thoroughly duped, and b) right-wingers are complete idiots to bash this President. 90% of the time (i.e. anytime the subject doesn't involve guns or gays), he does EXACTLY what a RW President would do, given the options available to him. And even with guns, it's only maybe 50/50 that he chooses contrary to what the gun-humpers would like to see happen.

[ucrdem]

49. This judge is every inch an asshole and here's why:

* What Obama is trying to do is accommodate Catholic health care plans and hospitals, and this is a difficult political bridge to cross;

* Maybe we disagree with that objective, or with the policy it produces, and I don't personally agree with it, but:

* It's a large constituency, straddling both parties, and many individuals DO feel strongly about it, and if the ACA is going to succeed it's going to have to cross this bridge one way or the other.

The judge surely knows this, and knows the BO admin is in a tight spot, and he's apparently letting his inner Limbaugh rage. I don't know anything about judge Korman but based on the histrionics reported here I'd say he's acting like a typical RW stooge who should not be applauded. JMHO, ymmv.

[winter is coming]

55. So we should allow religious belief and political considerations to trump medicine?

That'll end well.

[ucrdem]

56. The alternative is allowing profit considerations to trump medicine.

That hasn't worked out so well for a lot of us. ACA is a new program and if it's going to succeed it's will have to find a way to accommodate existing Catholic healthcare systems. Basically what that means is that services they can't or won't provide will be provided by someone else. Making that happen isn't so easy and grandstanding right wingers like this judge, who would probably like nothing more than to see Obama and the ACA fail, aren't making it any easier.

[1StrongBlackMan]

57. After watch Melissa Perry-Harris' show ...

and hearing the physician talk about Plan-B, my position on this has changed ... drop the age restriction requiring parental consent.