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<p style="font-size:xx-small;"> 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.).
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