Gov't files morning after pill appeal

NEW YORK (AP):

The Obama administration yesterday 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 second US 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.

Politics driving appeal

US District Court Judge Edward Korman has said that 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 them until yesterday to appeal again.

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