The Plan B Age Restriction Violates a Minor's Right to Access Contraceptives Family Law Quarterly Vol. 44, No. 3, Fall 2010)
This article seeks to address the legal tension that exists since the FDA reclassified Plan B from prescription to nonprescription status for women eighteen years of age and older, even as it continues to restrict access to minors. Part II of the article contains a broad overview of the competing constitutional rights of parents, the State, and the female minor. It also discusses the constitutional rights of the State to regulate and protect adolescent sexual activity while balancing parents? right to decide how to raise their child. Part III describes how the Fourteenth Amendment protects a minor?s right to privacy, including her decisions concerning contraceptives and procreation. Part IV argues from a legal perspective why female minors should be entitled to access Plan B without a prescription and without parental consent.