This isn't the first time a federal court has considered this issue. In 2005, Korman oversaw a similar case. At that time, he said the FDA allowed political pressure from the Bush Administration to get in the way of its usual policy. He still left the ultimate decision up to the agency, however. "It was my view that the decision whether to make Plan B available without a prescription regardless of age was one that should be made by the FDA, to which Congress had entrusted the responsibility, and not by a federal district judge," he wrote in today's memo.