The government has filed a last-second appeal that will delay the sale of the morning-after contraceptive pill to girls of any age without a prescription.
The appeal was filed shortly before a noon Monday deadline.
Brooklyn federal Judge Edward Korman says politics is behind efforts by Secretary of Health and Human Services Kathleen Sebelius to block the unrestricted sale of the Plan B pill.
Justice Department lawyers had asked for a stay of the month-old decision while they appeal.
Korman denied the request but postponed the enforcement of his order to allow them to take the matter to a federal appeals court.
Earlier this month, the FDA announced the contraception could be sold without a prescription to those 15 and older. But Korman’s ruling removed age limits.