This Judge Korman cat is pretty hip for a Reagan appointee. He keeps slapping Sebelius around and laughing at U.S. Attorneys. I kind of suspect that the Obama administration wants to lose the fight over Plan B contraception, but they don’t want any ownership of the over-the-counter policy. I can’t prove that but the fact that their attorneys keep getting laughed out of court could indicate more than just that their side of the argument is a loser.
Judge Korman already ruled against them on the merits, and now he has rejected their request for a stay pending appeal. The Justice Department has until Monday to convince an 2nd Circuit Appeals Court to grant their stay. The 2nd Circuit has 8 active Clinton/Obama judges and 5 active Poppy/Shrub judges.
