Kate Sheppard

Reporter

Kate Sheppard is a staff reporter in Mother Jones' Washington bureau. She was previously the political reporter for Grist and a writing fellow at The American Prospect. She can be reached by email at ksheppard (at) motherjones (dot) com.

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Her work has also been featured in the New York Times' Room for Debate blog, the Guardian's Comment Is Free, Foreign Policy, High Country News, The Center for Public Integrity, the Washington Independent, Washington Spectator, Who Runs Gov, In These Times, and Bitch. She was raised on a vegetable farm in southern New Jersey (yes, they do exist), but has adapted well to life in the nation's capital. She misses trees and having a congressional representative with voting power, but thinks DC is pretty great anyway.

Is the Obama Administration About to Block Plan B Access? (UPDATED)

—By Kate Sheppard

| Tue Apr. 30, 2013 4:57 PM PDT

Update, (05/01/2013, 5:30 p.m. PDT): Late Wednesday, the Department of Justice announced that it will in fact appeal Federal District Court Judge Edward R. Korman's April 5 order to make Plan B One-Step available to all women of reproductive age without a prescription. The DOJ has also asked Judge Korman to stay his order, pending the results of their appeal.

Earlier this month, a federal judge ruled that the emergency contraception drug Plan B One-Step must be made available over the counter to everyone, after the Department of Health and Human Services had decided to make it only available to women older than 16. But a decision that the Food and Drug Administration issued Tuesday afternoon has left some wondering if the Obama administration plans to challenge Federal District Court Judge Edward R. Korman's April 5 decision.

Teva Women's Health Inc., which makes the drug, had initially applied to make Plan B One-Step available over the counter for all females of reproductive age, but the FDA denied that request back in December 2011. The company then submitted an amended application asking the FDA to approve Plan B One-Step for sale without a prescription for women 15 years of age and older, which is what today's decision approved.

From the FDA's release (emphasis theirs):

The product will now be labeled "not for sale to those under 15 years of age *proof of age required* not for sale where age cannot be verified." Plan B One-Step will be packaged with a product code prompting a cashier to request and verify the customer’s age. A customer who cannot provide age verification will not be able to purchase the product. In addition, Teva has arranged to have a security tag placed on all product cartons to prevent theft.

"These are daunting and sometimes insurmountable hoops women are forced to jump through in time-sensitive circumstances."

While Tuesday's decision only applies to one brand of emergency contraception and does lower the age barrier for that brand, it does not remove the age requirement entirely. It also maintains an ID requirement to purchase the product. These restrictions, reproductive rights groups have argued, create a barrier to all women who want to buy the drug, not just women under 15, since it means that in practice the drug is only available to those with a government-issued ID. The FDA stipulated in the release that this decision is "is independent of" the lawsuit, that Teva had submitted the application before the judge's decision, and the announcement "is not intended to address the judge's ruling."

But its release has reproductive rights advocates wondering if this is a precedent for how the Obama administration intends deal with emergency contraception. The judge's decision required the FDA to make emergency contraception available over-the-counter for everyone by May 6. If the Obama administration plans to abide by the court's ruling, some advocates wondered, why make this announcement at all?

"The FDA is under a federal court order that makes it crystal clear that emergency contraception must be made available over the counter, without restriction to women of all ages by next Monday," said Nancy Northup, president of the Center for Reproductive Rights, which filed the lawsuit prompting the judge's decision. "These are daunting and sometimes insurmountable hoops women are forced to jump through in time-sensitive circumstances, and we will continue our battle in court to remove these arbitrary restrictions on emergency contraception for all women."

A spokesman at the FDA referred Mother Jones to the Department of Justice, which is handling the lawsuit, for comment on the administration's plans on the court decision. "The Department of Justice is considering next steps in the litigation," said the FDA's in its release. "In the meantime, the FDA took independent action to approve the pending application on Plan B One-Step for use without a prescription by women 15 years of age or older."

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Jason Collins Is Not the First Out Gay Pro Athlete

—By Kate Sheppard

| Mon Apr. 29, 2013 1:22 PM PDT

WNBA's Brittney Griner at the 2012 ESPY Awards.

Although his coming out in Sports Illustrated is big news, NBA star Jason Collins is not the "first openly gay athlete in professional North American team sports," as some have claimed. Claiming as much implies that either women's sports don't matter as much (or don't exist at all), or that coming out is somehow less of a big deal for professional athletes who happen to be women. Here are just a few of them:

Retired WNBA star Sheryl Swoopes, who came out in 2005 when she played for the Houston Comets. (She later married a man.)
Brittney Griner of the WNBA's Phoenix Mercury.
Chamique Holdsclaw, former WNBA player most recently with the San Antonio Silver Stars.
Megan Rapinoe, member of the US Women's National Team, now playing soccer professionally in France.
Lori Lindsey, USWNT member in the 2012 Olympics who currently plays for the Washington Spirit in the National Women's Soccer League.

There have also been a number of out stars in individual sports—including Billie Jean King and Martina Navratilova in tennis and Orlando Cruz, a professional boxer.

There have also been other male professional athletes in team sports who have come out, even if they're not in the "big four" professional sports—like Andrew Goldstein, the goalie for Major League Lacrosse's Long Island Lizards.

Boy Scouts of America Proposes Dropping Ban on Gay Kids—But Not Gay Adults

—By Kate Sheppard

| Fri Apr. 19, 2013 10:14 AM PDT

While the nation's attention was turned to Boston on Friday morning, the Boy Scouts of America announced that it intends to end its ban on gay members, as long as its board approves the change. The organization would still, however, prohibit gay adults from serving as troop leaders or volunteers.

The proposed new policy states, "No youth may be denied membership in the Boy Scouts of America on the basis of sexual orientation or preference alone." The proposed policy also reinforces the organization's position that "Scouting is a youth program, and any sexual conduct, whether homosexual or heterosexual, by youth of Scouting age is contrary to the virtues of Scouting." You can read the proposal here, or the media statement here.

The change would apply only to members; it does not change the policy regarding gay troop leaders or other volunteers. "The BSA will maintain the current membership policy for all adults," Deron Smith, the group's spokesman, told Mother Jones via email.

BSA's long-standing ban on gay members has been a huge source of controversy. In January, the group announced that it was considering whether to allow individual troops to admit gay members but put off making a decision until May. As my colleague Dana Liebelson has reported, the group lost some major funders because of the gay ban. Most recently, a number of high-profile musical acts ditched the Boy Scouts' annual Jamboree for this reason.

If the Scouts' 1,400-member board approves the change at its annual meeting in May, it would take effect January 1, 2014.

States to Feds: Give Us Greenhouse Gas Rules, Or Else!

—By Kate Sheppard

| Thu Apr. 18, 2013 11:55 AM PDT

A coalition of 10 states, the District of Columbia, New York City, and three national environmental groups, announced Wednesday that they intend to sue if the Environmental Protect Agency does not issue final emissions rules for new power plants in the next two months.

The EPA announced draft rules in March 2012, but the agency still hasn't issued final rules, even though they were required to do so by April 13. And they don't seem to be in any rush: The Washington Post reported last month that the EPA is considering revising the proposed rules, which could further delay implementation.

"While the Obama administration has pledged to combat climate change, the Environmental Protection Agency has now missed the deadline for adopting New Source Performance Standards (NSPS) to limit greenhouse gas emissions from new fossil fuel power plants," said New York Attorney General Eric Schneiderman in a statement announcing the coalition's plans (via The Hill). "Addressing emissions from power plants is critically important. Today’s notice makes clear that if the EPA does not promptly issue these rules, we will take legal action to hold the agency to its commitment."

You can read the complaint here. The Los Angeles Times reported Wednesday afternoon that the EPA is in no hurry to finalize those rules:

In a reply, the EPA declined to set a deadline for releasing the final regulations on the plants. “We are working on the rule and no timetable has been set. We continue to review the more than 2.7 million comments we have received on the rule,” spokeswoman Alisha Johnson said.

Mississippi's Last Abortion Clinic Can Stay Open, For Now

—By Kate Sheppard

| Mon Apr. 15, 2013 6:38 PM PDT

Photo by Kate Sheppard.

A judge in Mississippi has ruled that Jackson Women's Health Organization can stay open, for now.

A state law passed in April 2012 threatened to shut down the state's last abortion clinic, which we recently profiled. But on Monday, US District Judge Daniel P. Jordan III granted a preliminary injunction blocking that law from taking effect, which means that the state cannot revoke the clinic's license to operate.

The new state law requires doctors who perform abortions at the clinic to have admitting privileges at a local hospital. Given the politics on abortion in Mississippi, all of the local hospitals rejected the applications of the two doctors who work at the clinic, so the state Department of Health had begun the process of revoking the clinic's license for non-compliance. The Center for Reproductive Rights, which is representing the clinic, asked the judge to prevent the law from taking effect, as it was impossible for JWHO to comply.

In a statement Monday evening, Nancy Northup, the president of the Center for Reproductive Rights, noted that this is just the first step in the legal battle over this law. "While the women of Mississippi may be able to breathe a collective sigh of relief today, this fight is far from over," she said. "We will continue our work to see this underhanded attempt to ban abortions in Mississippi struck down as a violation of women's constitutional reproductive rights."

Read the judge's decision here.