They sided with the lower court, and ordered the Obama administration to make emergency contraception (AKA Plan B) over the counter:
The Obama administration has in part lost its push to sustain age limits on over-the-counter sale of Plan B One-Step, commonly known as the morning-after pill.
After a lower court recently slapped down all age limits, the Second Circuit Court of Appeals on Wednesday granted the Justice Department’s request for a stay on one-pill variants of emergency contraceptives but denied it for two-pill variants, declaring that the appellants have “failed to meet the requisite standard.”
This is a very well deserved smackdown.
The Obama administration’s behavior in this mater has been craven, dishonest, and hypocritical. They have taken what should be a core value, and used it as a political football.