The Obama administration yesterday filed a last-second appeal to delay the sale of the morning-after contraceptive pill to girls of any age without a prescription. Eastern District Judge Edward Korman last week refused to delay enforcement of his month-old decision while the government challenges it, but he said the Justice Department had until yesterday to appeal to the U.S. Court of Appeals for the Second Circuit.
The government filed paperwork with the circuit shortly before the noon deadline, saying it believes the judge overstepped his authority and that the administration will likely prevail in its appeal of the overall decision. The Center for Reproductive Rights, which filed the underlying lawsuit, said it would answer yesterday’s legal filing within 10 days. The circuit will then issue a ruling on whether to delay enforcement of Korman’s ruling.
