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ate for younger girls, even though physicians groups insist that it is.In Wednesday's filing, the Justice Department said Korman exceeded his authority and that his decision should be suspended while that appeal is under way, meaning only Plan B One-Step would appear on drugstore shelves until the case is finally settled. If Korman's order isn't suspended during the appeals process, the result would be "substantial market confusion, harming FDA's and the public's interest" as drugstores receive conflicting orders about who's allowed to buy what, the Justice Department concluded.Rather than take matters into his own hands, the Justice Department argued to the 2nd U.S. Circuit Court of Appeals that Korman should have ordered the FDA to reconsider its options for regulating emergency contraception. The court cannot overturn the rules and processes that federal agencies must follow "by instead mandating a particular substantive outcome," the appeal states.The FDA actually had been poised to lift all age limits and let Plan B sell over the counter in late 2011, when Kathleen Sebelius overruled her own scientists. Sebelius said some girls as young as 11 were physically capable of bearing children but shouldn't be able to buy the pregnancy-preventing pill on their own.Sebelius' move was unprecedented, and Korman had blasted it as election-year politics -- meaning he was overruling not just a government agency but a Cabinet secretary.More than lan Tsarnaev's widow.Click for more from MyFoxBoston.comFox News' Pamela Browne and The Associated Press contributed to this report.Affidavit on new Boston bombing suspects Boston Terror Case: The Kazakhstan connection 3 men accused of providing aid to Boston Marathon suspects BOSTON BOMBING: 3 more suspects charged with obstruction Three additional suspects arrested in marathon bombingMay 1, 2013: This courtroom sketch signed by artist Jane Flavell Collins shows defendants Dias Kadyrbayev, left, and Azamat Tazhayakov appearing in front of Federal Magistrate Marianne Bowler at the Moakley Federal Courthouse in Boston, Mass.May 1, 2013: This courtroom sketch shows signed by artist Jane Flavell Collins defendant Robel Phillipos appearing in front of Federal Magistrate Marianne Bowler at the Moakley Federal Courthouse in Boston, Mass.Dzhokhar Tsarnaev (r.) was photographed in New York's Times Square last year with two of the latest suspects in the Boston Marathon bombing investigation, Azamat Tazhayakov (l.) and Dias Kadyrbayev (c.).