Judge's authority questioned in morning-after pill decision
U.S. District Judge Edward Korman's ruling which required the FDA to lift age limits on the Plan-B morning-after pill will be challenged by the Justice Department. On Tuesday, anyone over 15 could begin buying Plan B One-Step without a prescription.
The federal government says the judge who issued the ruling had exceeded his authority and that his decision should be suspended while the appeal is underway.
U.S. District Judge Edward Korman of New York had given the Food and Drug Administration until Monday to lift all age limits on Plan B and cheaper generic. The judge mandated that emergency contraception be sold just like aspirin.
On Tuesday, the FDA said anyone 15 or older could begin buying one brand, Plan B One-Step, without a prescription — two years younger than the current age limit of 17.