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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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