Judge Abused Authority With Plan B Order, 2nd Circ. Hears

Law360, Los Angeles (May 13, 2013, 6:51 PM EDT) -- A New York federal judge "plainly overstepped his authority" when he ordered the U.S. Food and Drug Administration to bypass its mandatory rulemaking procedures and make the contraceptive Plan B available over the counter without restrictions, the federal government told the Second Circuit on Monday.

U.S. District Judge Edward R. Korman's order that the FDA lift prescription and age requirements for the morning-after pill and similar emergency contraception should be stayed pending the government's appeal, according to a Monday motion. The judge refused to suspend the order...
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