The Justice Department had argued that "substantial market confusion" could result if Korman's order stood.
Government attorneys warned that "substantial market confusion" could result if Korman's ruling was enforced while appeals are pending.
Muir will ask federal judge Edward Korman to issue a court order reinstating Forbes in those three districts.
CNN: Republicans step up fight over primary ballot in New York
But other groups, including the Family Research Council, expressed concerns about Korman's order.
McCain will raise the dispute also before judge Korman during an afternoon hearing.
CNN: Republicans step up fight over primary ballot in New York
Judge Korman, however, rejected the administration's reasoning, noting that the drug is already available to young girls with a prescription.
WSJ: Judge Eases Restrictions on Plan B Emergency Contraceptive
The Justice Department remained mum on whether it planned to appeal Korman's decision, and the White House had no immediate comment.
Korman ordered the requirement lowered to one-half-of-one-percent, and the state legislature later changed the law in advance of the year 2000 election period.
CNN: Republicans step up fight over primary ballot in New York
Korman is the same judge who liberalized New York's rules in 1996, when Forbes fought the party-backed Bob Dole campaign for ballot access.
CNN: Republicans step up fight over primary ballot in New York
"When patrons are ordering from Mr Puck's menus, they expect the food and presentation to be nothing short of outstanding, " said Larry Korman, AKA's president.
The Justice Department could appeal Korman's ruling and seek a stay.
Korman's order sparked praise among supporters of the morning-after pill for all ages, such as the Center for Reproductive Rights, which had launched a relevant lawsuit.
Three years later, Judge Korman, who has presided over the litigation for years, ordered the FDA to drop the prescription requirement for women age 17 as well.
WSJ: Judge Eases Restrictions on Plan B Emergency Contraceptive
The squandered ensemble includes Ned Beatty, Michael McKean, Jeffrey Tambor, Stephen Tobolowsky, Bobcat Goldthwaite, Christopher Lloyd, Robert Klein, Harvey Korman, Dylan Baker, Peter MacNicol, Anne DeSalvo, and the late Anita Morris.
The move came just before the U.S. Department of Justice announced it would appeal an order by Korman requiring drugstores to sell both Plan B and cheaper generic alternatives to women of any age.
Four years ago, Korman was highly critical of the Bush administration's initial handling of the issue when he ordered the FDA to let 17-year-olds obtain the medication, instead of setting the age at 18.
The FDA announced earlier this month that the contraception could be sold without a prescription to those 15 and older, a decision Korman said merely sugarcoated the appeal of his order lifting the age restriction.
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.
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.
U.S. District Court Judge Edward Korman has said that politics was behind efforts by Secretary of Health and Human Services Kathleen Sebelius to block the unrestricted sale of the Plan B One-Step morning-after pill and its generic competitors.
U.S. District Judge Edward Korman of New York gave the FDA 30 days to comply, and the Monday deadline was approaching fast, prompting the administration on Wednesday to ask the court to put the ruling on hold while it reconsiders.
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.
U.S. District Judge Edward Korman took aim at the U.S. Food and Drug Administration's announcement last week that it was loosening restrictions on the Plan B One-Step morning-after pill, saying it can be sold without a prescription to those 15 and older.
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