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Let's take this now to our legal panel.
Defense attorney Heather Hanson and criminal defense attorney and former prosecutor Kimberly Lerner Kimberly let me start with you you think the judge today was absolutely correct.
Make it available over the counter to everybody just walk on in there and grab a boxing pay for -- now why do you think he was right.
The judge wasn't making a political or moral statement.
This is litigation that's been going on for about seven years back in 2006.
He -- man did this to the FDA.
For further for further research it took the FDA over three years to make a decision.
And basically the secretary of health and human services was the one who came down and said this is not happening the commissioner.
The FDA approved X and eight the court found that it was arbitrary capricious and that this drug was treated differently.
And the FDA at each other now had -- you believe the judge got it right how do you figure I think that the -- got it wrong.
I think -- wrong and so that's -- I hate that it.
He said that it was arbitrary capricious an unreasonable right and I do not think it's unreasonable to ask that there be a gatekeeper.
For someone under the age of seventeen to get this drug.
Normally that gatekeeper hopefully would be apparent but here you've got a drug that.
Took it -- not necessarily gonna tell their parents that they need this drug it's not like aspirin the -- compared it to aspirin it's very different from aspirin.
With aspirin you might take your mother doesn't have a headache what should I take my allergic to that -- does our family have any prediction -- that.
Fifteen year old who's afraid of their parents are telling their parents be able to walk in and get it the alternative would be don't do -- -- and.
Being pregnant but the alternative that but that was in place was to go get it with the doctor.
And have a prescription for if you're under that age it's not a -- just keep their mouths shut on the look Kimberly is plan B really.
Just like popping an aspirin which is what the judge condescending here that.
There research shows that it's very safe in fact in the decision which was a 59 -- decision he never gave a lot of thought to that.
He can be decent diet pills were more harmful he he talked about other things that are readily available to children this -- that I wouldn't actually.
And severely -- the HHS secretary say look I just don't think there's enough data here on.
Eleven year -- in twelve year old.
Because there are moral implications.
And the courts -- basically saying look.
Keep the moral implications this is the -- politics should not play -- part of the law she talked about -- the cognitive and behavioral differences between seventeen year old and fourteen year old and I think for her it was a question up.
If that kid is a child can read the labels to -- blood clotting risks with these types of drugs to be you know that they have a predisposition to that there's an age at which you're just not going to take the drug properly -- I want every eight Kathleen Sebelius is a political appointee.
She doesn't have a medical degree guess why the FDA commissioner.
Who said wait a minute I'm not sure about the morning after pill that's a doctor for -- Celtics.
Now that you're absolutely right that science is there and that's what the people on the other side are touting science over politics the problem is that this is that what she what.
Sebelius said -- is not about science it's about common sense and whether these kids are going to be taking this pill according to the directions.
With the right indication you have more faith in a politician or a doctor when it comes to medical matters not only time will -- that a doctor but the court itself said.
They don't know it's to be alias will be qualified to run the F it to get -- -- The judge he calls -- -- his decision politically motivated scientifically.
And contrary to agency precedent.
I disagree with what he said there I think it's reasonable and the reasonableness is -- standard I think it's there I got to leave it at that thank you both Kimberly Lerner Heather Hansen thank you thank you.
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