The Justice Department is appealing a judge's decision to lift all age limits on the so-called "morning after" birth control pill.
U.S. District Judge Edward Korman of New York mandated that emergency contraception be available on store shelves to anyone, no matter how young they are. He said drugs like the "Plan B" pill should be sold just like aspirin.
The ruling reversed a 2011 decision by the Obama administration's Health and Human Service Secretary Kathleen Sebelius, who issued a requirement that girls younger than 17 need a prescription.
However, the Justice Department said Korman exceeded his authority. They want his decision suspended while the appeal is underway.
"The court's order interferes with and thereby undermines the regulatory procedures governing FDA's drug approval process," the Justice Department said.
"A drug approval decision involves scientific judgments as to whether statutory and regulatory factors are met that warrant deference to those charged with the statutory responsibility to make those decisions," the agency said.