Skip to content
Catholic Online Logo

By Deacon Keith Fournier

7/1/2010 (4 years ago)

Catholic Online (www.catholic.org)

Ms. Kagan played a key role in keeping the brutal partial-birth abortion method legal for an additional decade

It has now been revealed that Elena Kagan played a key role in rewriting the "American College of Obstetricians and Gynecologists" (ACOG) statement on Partial Birth Abortion, precisely to defend this gruesome procedure against a ban during the Clinton Administration. The stories exposing her  role in this matter while deputy assistant to President Clinton for domestic policy reveal her view of this gruesome procedure, her commitment to a radical anti-Right to Life agenda, and her lack of a clear understanding of legal ethics. The orchestrated theatre being played out before the television cameras did not.

Solicitor General Elena Kagan.

Solicitor General Elena Kagan.

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

7/1/2010 (4 years ago)

Published in Politics & Policy


WASHINGTON, DC (Catholic Online) - While she smiled, nodded, and answered the softball questions lobbed at her with an alarming vacuity, the nominee of the Obama Administration to replace the retired Justice John Paul Stephens, Solicitor General Elena Kagan, was exposed by hard-hitting research done by those seeking to protect our youngest neighbors, children in the womb, from the evil of abortion. Her radical opposition to the first Human Right, the Right to Life, is clear in her rhetoric and record - and has now been uncovered in her past actions in governmental service.  It has now been revealed that she played a key role in rewriting the "American College of Obstetricians and Gynecologists" (ACOG) statement on Partial Birth Abortion, precisely to defend this gruesome procedure against a ban during the Clinton Administration. The stories exposing her  role in this matter while deputy assistant to President Clinton for domestic policy reveal her view of this gruesome procedure, her commitment to a radical anti-Right to Life agenda, and her lack of a clear understanding of legal ethics. The orchestrated theatre being played out before the television cameras did not. Elena Kagan did not like the original 1996 statement of ACOG wherein they claimed they "could identify no circumstances under which this procedure (Partial Birth Abortion). . . would be the only option to save the life or preserve the health of the woman."  So, she changed it. The blogosphere is filled with the details. The best summaries can be found in the reporting of one of my heroes, Jill Stanek, Pro-Life Nurse, who shares the details on her blog. A recent news story, "American College of Obstetricians and Gynecologists Statement on Partial-Birth Abortion Included 'Suggested' Text Found in Kagan's White House Files", written by  Jane McGrath of Cybercast News Service, sets forth the entire sordid affair in lengthy factual detail. The National Right to Life Committee may have been the first to uncover the Nominees participation in this whole disturbing matter. They sent a well written letter on June 23, 2010 to the members of the United States Senate urging them to reject this nominee.  The following lengthy excerpt from that letter sets forth the facts. We ask our readers around the globe to read it carefully:

*****"The White House documents reveal Ms. Kagan to have been a key strategist - perhaps, indeed, the lead strategist within the White House - in the successful effort to prevent enactment of the Partial-Birth Abortion Ban Act during the Clinton Administration. The picture that emerges of Ms. Kagan is not that of a staffer who presented the President with objective information and disinterested analysis, but rather, a staffer who sometimes presented selective and tendentious information, and who employed a variety of legal and political arguments, to achieve her overriding goal of defeating the legislation. "Early on (in January, 1996, if not earlier), it appears that Ms. Kagan was instrumental in providing President Clinton gravely distorted assertions regarding the frequency of partial-birth abortion and the reasons for which it was typically performed, although more accurate information had been published by a congressional committee and was readily available. In June, 1996, she described a private briefing from the American College of Obstetricians and Gynecologists (ACOG) in which she learned that "[i]n the vast majority of cases, selection of the partial birth procedure is not necessary to avert serious adverse consequences to a woman's health . . . . there just aren't many [circumstances] where use of the partial-birth abortion is the least risky, let alone the 'necessary,' approach." "Although Ms. Kagan herself described this briefing as "a revelation," she also advised against immediately conveying its substance to the President. Moreover, in December 1996, when Ms. Kagan obtained an ACOG draft for a proposed public statement that reported that "a select panel convened by ACOG could identify no circumstances under which [the partial-birth] procedure . . . would be the only option to save the life or preserve the health of the woman," Ms. Kagan wrote that such a public statement "of course, would be disaster." "It appears that Ms. Kagan was dismayed not by the realities of partial-birth abortion, but by the prospect that public awareness of those realities would harm the White House efforts to prevent enactment of the ban. In addition, it appears that Ms. Kagan herself was probably the originator of diluting language that appeared in the final public statement approved and released by the ACOG Executive Board in January, 1997 - ostensibly as the judgment of top medical authorities." "Initially, in February 1996, President Clinton favored banning partial-birth abortions, both before and after "viability," except in any case in which, in the abortionist's judgment, the pregnancy itself threatened the life of the mother or serious adverse health consequences. But Ms. Kagan objected that this was unconstitutional and that pro-abortion advocacy groups "will go crazy." "She argued for allowing use of the method when any "serious" health benefit was asserted even if the woman and her unborn baby were entirely healthy, and prevailed. The following year (in May, 1997), Ms. Kagan pushed further. Employing a mixture of legal, policy, and political arguments, she ultimately won Mr. Clinton's endorsement for a substitute bill proposed by Senator Daschle, which applied no restrictions whatever on partial-birth abortion prior to "viability" (for example, in the fifth and sixth months, which in fact is when the greatest number of partial-birth abortions are performed), and which applied only a loose, loophole-ridden standard on abortionists even in the seventh month and later. "Ms. Kagan explicitly recognized, in a memorandum dated December 14, 1996, that Daschle's purpose was to "provide cover for pro-choice Senators (who can be expected to support it) . . . ." In a memo dated May 13, 1997, Ms. Kagan advised President Clinton to "endorse the Daschle amendment in order to sustain your credibility on HR 1122 [the Partial-Birth Abortion Ban Act] and prevent Congress from overriding your veto." "Some recent commentators have viewed these documents as showing Ms. Kagan in a "centrist" role, since even the Daschle Amendment was criticized by some pro-abortion advocacy groups and by some Justice Department officials, who regarded it as too restrictive. We disagree with this reading. The documents contain clear evidence that Ms. Kagan was in sympathy with the Justice Department's perspective regarding the Supreme Court precedents (see, for example, Ms. Kagan's memorandum to Walter Dellinger dated February 24, 1996), but Ms. Kagan had no intention of allowing constitutional technicalities to get in the way of what she viewed as a workable strategy to defeat the bill and keep partial-birth abortion unrestricted. "The bottom line is that Ms. Kagan was instrumental in persuading President Clinton to endorse in 1997 an alternative proposal (the Daschle substitute) that was more protective of the practice of partial-birth abortion than the position which the President had embraced in 1996, but which also was sufficiently artful in its language to provide political "cover" for pro-abortion senators, and thereby to prevent the real ban from becoming law. Although the Partial-Birth Abortion Ban Act was supported, in the 105th Congress, by more than two-thirds of the House of Representatives and by 64 members of the U.S. Senate, the effort to override President Clinton's second veto fell three votes short in the Senate in 1998. "Thus, the Kagan-backed strategy did, in fact, prevent enactment of the Partial-Birth Abortion Ban Act during the Clinton Administration. Ms. Kagan played a key role in keeping the brutal partial-birth abortion method legal for an additional decade."

*****What happened in the Senate during these confirmation hearings was political theatre. The approval of this nominee is a foregone conclusion. The votes are there. However, it once again proves the importance of how we vote. After all, the record of the President who nominated Solicitor General Kagan was eminently clear on this gruesome procedure called Partial Birth Abortion. In fact, he would not even support the legislative efforts to protect infants who survived abortion when he served in the Illinois State Senate.  Without recognizing the foundational human right, the Right to Life, every other human right is placed at risk because they are all derivative rights, requiring living human persons. Human Rights belong to Human Persons as an endowment from the Source of all Rights, God. Human Rights are not conferred by Government and they cannot be taken away.   Elena Kagan should not serve on the United States Supreme Court.

---


Pope Francis: end world hunger through 'Prayer and Action'


© 2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for September 2014
Mentally disabled:
That the mentally disabled may receive the love and help they need for a dignified life.
Service to the poor: That Christians, inspired by the Word of God, may serve the poor and suffering.



Comments


More Politics & Policy

CLOTHES HORSE: Wasserman Schultz losing confidence among Democrats Watch

Image of Stylish  Democratic National Committee Chairwoman Debbie Wasserman has alienated members of her own party by reportedly demanding that the party pick up the tab for her wardrobe!

By Catholic Online (NEWS CONSORTIUM)

Two "faux pas" have alienated Democratic National Committee Chairwoman Debbie Wasserman Schultz from her party. Her criticism of the White House's handling of the border crisis and comparing tea party members to abusive husbands have alienated her constituency at ... continue reading


Supreme Court justice Sotomayor warns about drones encroaching on American way of life Watch

Image of Justice Sonia Sotomayor said that she's particularly troubled by the potential for commercial and government drones to compromise personal privacy.

By Catholic Online (NEWS CONSORTIUM)

Unmanned surveillance planes called drones pose a threat to the privacy of American citizens, warns Supreme Court Justice Sonia Sotomayor said. Speaking to students at Oklahoma City University's law school, Sotomayor says that frightening changes in technology ... continue reading


Obama says Islamic State 'is not Islamic' - what are they, then? Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

President Obama vowed to "degrade and destroy" the Islamic State insurgency in Iraq and Syria, He intends to do so with airstrikes and a minimal military presence on the ground. The president also declared that the Islamic State terrorists "are not Islamic." ... continue reading


Obama vows to attack Islamic State militants 'wherever they exist' Watch

Image of There has been some progress made against the group. After more than 150 U.S. airstrikes in Iraq in the past month, Iraqi and Kurdish forces have halted the Islamic State advance.

By Catholic Online (NEWS CONSORTIUM)

President Barack Obama has vowed to attack Islamic State militants "wherever they exist." Obama will be sending a limited U.S. military presence of 475 personnel. The president also declared that the United States will act in concert with a broad coalition ... continue reading


Opinion: We Need a Blue Collar Conservative like Rick Santorum in the 2016 Presidential Campaign Watch

Image of Rick Santorum is not an establishment candidate. He threatens establishment leaders in both major political parties. he has always played the role of the underdog and been counted out by the many self professed experts. That is one of the greatest assets he would bring to the 2016 Presidential campaign. He has the potential to draw voters from across party lines and help to forge a new governing coalition which can resuscitate the American dream and set us on a course to brighter future. I sincerely hope he runs.

By Keith A. Fournier

Rick Santorum is a statesman in an age of salesmen - and women. He is a man with a chest.  I will be watching his movements over the next few months. If he decides to run, and I hope he does, he will bring along with him into his presidential campaign a ... continue reading


Pelosi favors sweeping regulations to save net neutrality and ban Internet 'fast lanes' Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

It's an unpopular stand for many Republicans, but House Minority Leader Nancy Pelosi says she wants to give federal regulators sweeping new powers over Internet access. It's a necessity in order to save net neutrality and protect Internet users, she says. ... continue reading


READY TO STRIKE: President Obama prepared to use airstrikes in Syria Watch

Image of President Obama believes he needs formal congressional approval to take that action, according to people who have spoken with the president recently.

By Catholic Online (NEWS CONSORTIUM)

From admitting that he had no policy in regards to Syria, U.S. President Barack Obama is now ready for some clear decisive action. The president says that he is prepared to use U.S. military airstrikes in Syria in order to defeat the militant jihadist group ... continue reading


Real cost of Obamacare - 350,000 jobs loss and premium hikes for small businesses Watch

Image of Individual year-round employees at businesses with 50 to 99 workers lost $935 annually, while those at firms with 20 to 49 workers are out an average of $827.50 per person in take-home pay.

By Catholic Online - (NEWS CONSORTIUM)

According to a new analysis of the effects of the health-care reform law, Obamacare has taken a toll on small businesses. According to a new study, there have been millions of dollars in reduced pay and hundreds of thousands fewer jobs. In short - many ... continue reading


More emails 'lost' connected to Lois Lerner case Watch

Image of IRS teacher Lois Lerner, who was placed on leave and has since retired, has emerged as the key figure in congressional investigations.

By Catholic Online - (NEWS CONSORTIUM)

In the most recent development, the Internal Revenue Service, or IRS says it has lost emails from five more employees' part of congressional probes into the treatment of conservative groups that applied for tax-exempt status. LOS ANGELES, CA (Catholic Online) - ... continue reading


Team Clinton turns on Obama! Foreign policy in new book dismissed as 'feckless' Watch

Image of A scathing new book from a member of Team Clinton takes President Obama to task for an unfocused foreign policy.

By Catholic Online - (NEWS CONSORTIUM)

The honeymoon appears over between top U.S. Democratic alliances, the Clintons and the Obama administration. A member of the Clinton kitchen cabinet is out with a new book that slams U.S. policy as "muddled, irresolute, and even feckless." Doug Schoen's takes ... continue reading


All Politics & Policy News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, First Corinthians 15:1-11
1 I want to make quite clear to you, brothers, what ... Read More

Psalm, Psalms 118:1-2, 16-17, 28
1 Alleluia! Give thanks to Yahweh for he is good, for ... Read More

Gospel, Luke 7:36-50
36 One of the Pharisees invited him to a meal. When ... Read More

Saint of the Day

Saint of the Day for September 18th, 2014 Image

St. Joseph of Cupertino
September 18: St. Joseph was born at Cupertino, in the diocese of Nardo in the ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter