US government files morning-after pill appeal

Published on NewsOK Modified: May 13, 2013 at 4:23 pm •  Published: May 13, 2013
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NEW YORK (AP) — The Obama administration on Monday filed a last-minute appeal to delay the sale of the morning-after contraceptive pill to girls of any age without a prescription.

The legal paperwork asked the 2nd U.S. Circuit Court of Appeals in Manhattan to postpone a federal judge's ruling that eliminated age limits on the pill while the government appeals that overall decision.

U.S. District Court Judge Edward Korman has said politics was behind efforts by Secretary of Health and Human Services Kathleen Sebelius to block the unrestricted sale of the Plan B One-Step morning-after pill and its generic competitors.

Last month, he ordered that the levonorgestrel-based emergency contraceptives be made available without prescription and without age restrictions. He then denied a request to postpone his ruling while the government appealed but gave it until Monday to appeal again.

Government attorneys warned that "substantial market confusion" could result if Korman's ruling was enforced while appeals are pending. On Monday, lawyers argued that the district court "plainly overstepped its authority," and that they believe they will win the overall appeal.