Madison, WI (LifeNews.com) -- The state of Wisconsin will sue the Food and Drug Administration, claiming it is putting women's health at risk because it has delayed allowing sales of the morning after pill over the counter.

The agency has delayed approving a request for the drugs to be sold to women over the age of 16 without a doctor's visit because of the unique enforcement issues involved.

Wisconsin Attorney General Peg Lautenschlager had asked pro-abortion Gov. Jim Doyle, a Democrat, for his permission to sue the FDA. Because the state's health department would be involved Lautenschlager couldn't authorize the lawsuit on her own.

On Wednesday, Doyle approved the litigation.

“FDA’s postponement in making a decision is the result of politics, not science, and negatively impacts the health of women,” Doyle said in a letter to Lautenschlager, according to a Badger Herald news report.

The Plan B drugs have been available to women since 1999 through a visit to a physician and a prescription, but that's not enough for abortion advocates.

The makers of the drug filed to sell it over the counter in 2003, but the FDA rejected the application saying they did not provide enough information on how the drug affects teens. The agency said it would consider a request to sell it to women over the age of 16.

The FDA has yet to approve a request to do that saying it is working on enforcement issues to make sure only older teens and women can purchase the drug, which can sometimes cause an abortion, without younger teens getting access to it without seeing a doctor.

But Lautenschlager, who calls that decision "politically motivated" applauded Doyle allowing her to sue.

"I am pleased with the governor's action," Lautenschlager said in a statement released Thursday. "We want to ensure that this contraceptive drug is readily accessible to women who want to prevent pregnancy, especially women who are the victims of sexual assault."

Marc Tuttle, communications director for Pro-Life Wisconsin, told the Badger Herald the lawsuit is a waste of time and money.

"This is a frivolous lawsuit," Tuttle said. "The FDA hasn't broken any laws."