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Obama backs away from Plan B appeal; to seek OK for all-ages contraceptive sales

| Tuesday, June 11, 2013, 8:15 p.m.

NEW YORK — The Obama administration's appeal in the legal fight over morning-after pills has been officially put on hold until a judge weighs a new plan to allow girls of all ages to buy the contraceptives without a prescription, according to a government letter filed on Tuesday.

Lawyers with the Department of Justice and those for the plaintiffs who sued over the issue told the clerk for the federal appeals court in Manhattan that they wanted to suspend the appeals case until they hear again from U.S. District Court Judge Edward Korman, U.S. Attorney Loretta Lynch said in the letter.

The government had appealed the judge's underlying ruling, which ordered emergency contraceptives based on the hormone levonorgestrel be made available without a prescription, over the counter and without point-of-sale or age restrictions.

But on Monday, the Department of Justice notified him that it was reversing course and seeking prompt Food and Drug Administration approval of all-age sales — an announcement that pleased girls' and women's rights advocates who said it was long overdue, and disappointed social conservatives who claim it threatens the rights of parents and their children.

“It is the government's understanding that the course of action ... fully complies with the district court's judgment in this action,” Lynch wrote.

She added that if the judge agrees, “we intend to file with this court notice that the government is voluntarily withdrawing the above-referenced appeal.”

It was unclear when the judge would address the issue. A woman answering the phone in his chambers on Tuesday declined to comment.

The government originally asked the judge to suspend the effect of that ruling until the appeals court could decide the case. But the judge declined, saying the government's move to restrict sales of the morning-after pill was “politically motivated, scientifically unjustified and contrary to agency precedent.” He said there was no basis to deny the request to make the drugs widely available.

The government had argued that “substantial market confusion” could result if the judge's ruling were enforced while appeals were pending, only to be later overturned.

Last week, an appeals court dealt the government a setback by saying it would immediately permit unrestricted sales of the two-pill version of the emergency contraception until the appeal was decided.

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