{"id":53251,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/the-battle-over-abortion-and-contraception-part-two-how-its-playing-out-in-the-bush-administration.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"the-battle-over-abortion-and-contraception-part-two-how-its-playing-out-in-the-bush-administration","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/the-battle-over-abortion-and-contraception-part-two-how-its-playing-out-in-the-bush-administration.html","title":{"rendered":"The Battle over Abortion and Contraception, Part Two How It’s Playing Out in the Bush Administration"},"content":{"rendered":"\n
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<\/a><\/td>\n

The Battle over Abortion and Contraception, Part Two: How It’s Playing Out in the Bush Administration<\/h1><\/td>\n <\/tr>\n

By ELAINE CASSEL<\/h2><\/a><\/td>\n <\/tr>\n

Monday, Mar. 20, 2006<\/td>\n\n <\/tr>\n <\/table>\n

In the first column<\/a> in this two-part series on the law and regulation of abortion and contraception, I discussed a recent spate of harsh state anti-abortion laws and bills. Underlying these bills is the states’ hope that the Supreme Court might either overturn Roe v. Wade<\/i><\/a>, or, while stopping short of overruling Roe<\/i>, drastically curtail abortion rights. I also discussed the Court’s recent abortion decisions, and in particular, the views of the Justice with the crucial swing vote, Anthony Kennedy.<\/p>

In this column, I’ll turn to other issues of abortion law and regulation – covering events in the Bush Administration – concerning, respectively, the Food and Drug Administration (FDA) and Centers for Disease Control (CDC).<\/p> \n\n\n

The FDA and “Plan B”<\/b><\/p>

“Plan B” is the nickname for emergency contraception, also known as the “morning-after pill.” Two years ago, the FDA Nonprescription Advisory Committee voted 24-3 that Plan B be made available for over the counter (OTC) use, without a prescription, having found it safe. But the pill is still not available OTC. <\/p>

That’s especially unfortunate, of course, due to the nature of Plan B: As soon as intercourse occurs, the clock begins ticking, for soon the pill will be ineffective. <\/p>

Imagine the plight of, for instance, a working mom: One night, she and her husband are having sex, but she realizes she forgot to take her birth control pill. The couple isn’t able to welcome another child – they already have three — but she doesn’t want to risk an abortion either, perhaps for health reasons or because her religious beliefs counsel against it. <\/p>

Thanks to Plan B opponents, the next morning, she must not only handle all her job and family responsibilities, but must also find the time and money for a doctor appointment and a visit to the pharmacy – all to get a pill whose safety and efficacy are undisputed, and that actually allows women to avoid<\/u> abortions. <\/p>

Despite the advisory panel’s advice, the FDA punted, rendering no decision on the OTC request. With this cowardly move, FDA Commissioner Lester Crawford broke his promise to the Senate that, if confirmed as FDA Commissioner, he would see that the FDA gave Plan B an “up or down vote.” In September 2005, Crawfordresigned hisFDA post under a cloud of controversy surrounding his ties to drug companies. President Bush namedNational Cancer Institute Director Andrew von Eschenbach as acting FDA Commissioner (an unusual move since he wore two hats), and on March 15, Bush nominated him as FDA Commissioner. His nomination immediately raised the ire of Democrats, who felt they were double-crossed by Crawford, and who charged that von Eschenbach had done nothing to resolve the Plan B controversy.<\/p>

FDA Assistant Commissioner for Women’s Health Susan Wood, and Frank Davidoff, a member of the Nonprescription Advisory Committee, both left the FDA in protest over Crawford’s decision. <\/p> Column continues below \u2193<\/a>\n\n