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Mara Gandal-Powers, Fellow

Mara Gandal-Powers is a Fellow for Health and Reproductive Rights at the National Women's Law Center. She majored in Women's Studies at Bowdoin College and received her law degree from Washington University in St. Louis School of Law. At Washington University, Ms. Gandal-Powers served as co-president of Law Students for Reproductive Justice, public health officer of the Student Health Lawyers Association, and career services liaison for the Public Interest Law Society. She was an associate editor of the Washington University Global Studies Law Review. During law school, Ms. Gandal-Powers was a law clerk for Senator Al Franken on the Senate Committee on the Judiciary, Subcommittee on Privacy, Technology, and the Law. Additionally, she interned for the Children's Health Advocacy Project, a medical-legal partnership between Legal Services of Eastern Missouri and health centers and children’s hospitals in St. Louis, and the National Women’s Law Center. Prior to attending law school, Ms. Gandal-Powers worked for the Association of Maternal and Child Health Programs. She currently serves on the Alumnae Board of The Holton-Arms School.

My Take

Center for Reproductive Rights Fighting the Good Fight on Emergency Contraception

Posted by Mara Gandal-Powers, Fellow | Posted on: December 16, 2011 at 11:22 am

In the wake of last week’s decision on Plan B One-Step, you may be wondering how an administration can be taken to task when it does something so extreme. Over 5,000 people already have joined our letter telling the President and Secretary Sebelius that science should speak for itself. And then, there’s legal action. On Tuesday, the Center for Reproductive Rights (CRR) announced that it is reopening its 2005 lawsuit against the FDA to make emergency contraception available over the counter to all women. CRR also announced that it would add Secretary Sebelius as a defendant. If the Administration still doesn’t come to its senses after hearing from thousands of Americans, an order from a judge could change things.

So what is this lawsuit all about? Before there was Plan B One-Step, the one-pill form of emergency contraception, there was the original Plan B, which requires taking two pills over a twelve hour period (and remains on the market today, but behind the counter). In 2001, CRR filed a Citizen Petition to make Plan B available without a prescription to all women regardless of their age. In 2003, Plan B’s manufacturer applied to have the medication available without a prescription, but the application was denied in 2004. Plan B’s manufacturer submitted a revised application, but the FDA failed to meet its own deadline to review that application in January 2005.

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What the!? Sebelius Puts Kibosh on EC Over the Counter!

Posted by Mara Gandal-Powers, Fellow | Posted on: December 07, 2011 at 06:28 pm

Today, despite all evidence showing that Plan B One-Step should be available over-the-counter to all women no matter their age, the Secretary of HHS, Kathleen Sebelius, told the FDA that it could not make Plan B One-Step available without a prescription for women under 17. This isn’t just speculation about what happened behind closed doors – this is straight from the horse’s mouth in the form of a letter from Secretary Sebelius to FDA Commissioner Margaret Hamburg, M.D. Determinations of drug safety should be left to scientists, not political appointees. President Obama has said this himself – and ironically the White House Office of Science and Technology Policy is currently working to implement a policy to ensure the integrity of scientific work across the government. And so, it appears that these principles don’t apply when the women’s health is at issue.

Secretary Sebelius’ letter says she decided to intervene because there isn’t not enough research showing that girls of the youngest reproductive age, those as young as 11, could understand when the medication is needed and how to use it. But according to an article in The Washington Post earlier this week, Plan B One-Step’s manufacturer provided the FDA two studies as part of its petition to remove the age restriction. One study showed that between 72 and 96% of girls ages 12 to 17 understood the packaging. The second study showed that girls ages 11 to 16 could use the product properly and safely. The research is there. It was reviewed by FDA scientists. The FDA Commissioner herself stated that the scientists found the research conclusive that Plan B One-Step should be available without prescription for women under 17. The final score should be Science-1, Politics-0. Instead it’s the other way around.

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