“U.S. to Defend Age Limits on Morning-After Pill Sales”
By PAM BELLUCK and MICHAEL D. SHEAR
“Last month, Judge Edward R. Korman of United States District Court for the Eastern District of New York criticized that decision as overtly political and ordered the administration to make the contraceptive widely available. The Justice Department’s appeal will not say at what age girls should have access to over-the-counter morning-after pill. Instead, it will contend that Judge Korman did not have the authority to order the F.D.A. to take a specific action and should have sent the issue back to the agency for further action.
“The F.D.A. is staffed with experts and scientists who are charged with the responsibility to make judgments,” said a Justice Department official, who spoke on condition of anonymity because the appeal had not been filed. “It’s important that F.D.A. be able to make that judgment.”
For Mr. Obama’s administration, the decision to appeal the judge’s ruling provides an opportunity to reaffirm a moderate position in the broader abortion debate that had drawn praise from conservative groups that are normally highly critical of the president.”