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Wed Feb 5 15:39:47 CET 2014
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ate for younger girls, even though physicians groups
insist that it is.In Wednesday's filing, the Justice Department said Korman
exceeded his authority and that his decision should be suspended while that
appeal is under way, meaning only Plan B One-Step would appear on
drugstore shelves until the case is finally settled. If Korman's order isn't
suspended during the appeals process, the result would be "substantial market
confusion, harming FDA's and the public's interest" as drugstores receive
conflicting orders about who's allowed to buy what, the Justice Department
concluded.Rather than take matters into his own hands, the Justice Department
argued to the 2nd U.S. Circuit Court of Appeals that Korman should
have ordered the FDA to reconsider its options for regulating emergency
contraception. The court cannot overturn the rules and processes that federal
agencies must follow "by instead mandating a particular substantive outcome,"
the appeal states.The FDA actually had been poised to lift all age
limits and let Plan B sell over the counter in late 2011,
when Kathleen Sebelius overruled her own scientists. Sebelius said some
girls as young as 11 were physically capable of bearing children but
shouldn't be able to buy the pregnancy-preventing pill on their own.Sebelius'
move was unprecedented, and Korman had blasted it as election-year politics
-- meaning he was overruling not just a government agency but a
Cabinet secretary.More than
wer, in
order for them to share sensitive details with an attorney - Issa
had sought specifics on this process from the administration last month.The
letters offered some details on that process, though attorney Victoria Toensing
questioned why it took so long for the departments to produce those
letters in the first place."They're stonewalling," she told Fox News on
Wednesday.Toensing, who is representing one of the State Department employees
looking to come forward, earlier told Fox News that her client and
others were threatened."I'm not talking generally, I'm talking specifically
about Benghazi - that people have been threatened," Toensing said in an
interview Monday. "And not just the State Department. People have been threatened
at the CIA."Three Republican senators on Wednesday also renewed a request
for the administration to provide the names of the Benghazi survivors to
Congress in order for lawmakers to conduct interviews."This information
will allow Congress to meet its oversight obligations and will help ensure
our government is taking the proper steps to protect American lives abroad
and prevent future terrorist attacks," they wrote.The letter to President
Obama was signed by Sens. John McCain, R-Ariz.; Kelly Ayotte, R-N.H.; and
Lindsey Graham, R-S.C.
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