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 July 2014
Sports:
That sports may always be occasions of human fraternity and growth.
Lay Missionaries: That the Holy Spirit may support the work of the laity who proclaim the Gospel in the poorest countries.



Comments


More Politics & Policy

As hundreds of bills languish on his desk, push is on to 'fire Harry Reid' Watch

Image of The GOP now hopes to use those examples to build a case against Harry Reid and argue that his procedural stranglehold is the reason for the Senate's painful levels of gridlock.

By Catholic Online (NEWS CONSORTIUM)

The GOP is now calling for either the resignation or firing of Senate Majority Leader Harry Reid. The Republican National Committee is launching a two-week "robo-call" campaign in efforts to nationalize Senate races across battleground states, arguing that each ... continue reading


DOES the President have the unilateral power to legalize illegal aliens? Hoyer: No Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

Does U.S. President Barack Obama have the unilateral right to convert countless illegal immigrants to legal status? House Democratic Whip Steny Hoyer (D-MD) said that President Obama "can't legalize" the illegal aliens, but added that the president "can ... continue reading


RATCHETING UP SANCTIONS: U.S. Europe increase sanctions against Russia Watch

Image of Australian Prime Minister Tony Abbott said that he is not considering adding new sanctions. Australia lost 28 citizens on Flight MH17. Abbott said that at the moment

By Catholic Online (NEWS CONSORTIUM)

New economic sanctions against key sectors of the Russian economy have been announced by U.S. President Obama. It's all part of Washington's latest efforts to force Russian President Vladimir Putin to end his support for Ukrainian rebels. LOS ANGELES, CA ... continue reading


'Achievements and contributions… to building the very fabric of our nation and strengthening the core of our democracy,' Obama celebrates achievements of Muslims Watch

Image of A recent survey found that 72 percent of Muslim-Americans approve of the President, more so than any other religious group.

By Catholic Online (NEWS CONSORTIUM)

As the persecution of Iraqi Christians at the hands of Islamic jihadists continued, President Obama and First Lady Michelle released a statement this past weekend thanking Muslim Americans for their many "achievements and contributions...to building the very ... continue reading


U.S. Bishops say Obama's executive order 'implements discrimination' Watch

Image of Archbishop William E. Lori of Baltimore, pictured, and Bishop Richard J. Malone of Buffalo in a statement noted that the executive order, which will impact a fifth of the U.S. workforce, discriminates against faithful Catholics.

By Catholic Online (NEWS CONSORTIUM)

A new order by U.S. President Obama that forbids federal contractors from discriminating "on the basis of sexual orientation and gender identity," has been denounced by U.S. bishops as "unprecedented and extreme and should be opposed" and, in effect, ... continue reading


Israel harshly critical of U.S. Secretary of State John Kerry, called 'an Alien' Watch

Image of U.S. Secretary of State John Kerry's apparent decision to use Qatar as a conduit through which to communicate with Hamas, effectively ditching an earlier Egyptian proposal which the group had rejected has stirred the pot.

By Catholic Online (NEWS CONSORTIUM)

The United States and Israel have been the staunchest of allies since Israel reached statehood following World War II - but this doesn't mean that the nations have always seen eye-to-eye. Indeed, the right-wing faction of the Israeli government are harshly ... continue reading


President Obama is 'mailing it in', bought the farm - spending lots of time golfing and goofing off Watch

Image of

By Catholic Online (NEWS CONSORTIUM)

Lackadaisical. That word is used to define "lacking enthusiasm and determination; carelessly lazy." Lackadaisical appears to described U.S. President Barack Obama as of late. The president is pending an awful lot of time playing golf while the nation and the ... continue reading


In President Obama's war on religious freedom the people suffer another loss Watch

Image of A July 21 executive order has dealt a huge blow to the cause of freedom of religion in the United States.

By Catholic Online (NEWS CONSORTIUM)

President Barack Obama's July 21 executive order prohibiting discrimination based on sexual-self-identification has lead to strong criticism from several prominent U.S. bishops, calling the executive order "unprecedented and extreme." LOS ANGELES, CA (Catholic ... continue reading


Efforts against female genital mutilation could be thwarted by population growth Watch

Image of Due partly to community activism and legislation, the prevalence of FGM, which involves the cutting away of the external female genitalia, and the marriage of girls under the age of 18 has decreased slightly over the last 30 years, UNICEF said.

By Lisa Anderson, Thomson Reuters Foundation

Advances in fighting female genital mutilation, or FGM and child marriage could be offset by population growth unless the rate of progress increases, according to new data released Tuesday by the United Nations Children's Fund (UNICEF). (Thomson Reuters ... continue reading


FREE SPEECH VIOLATED: Tea party groups' lawsuit against IRS proceeds Watch

Image of Among the individuals named in the lawsuit is Lois Lerner, who headed the division that processes applications for tax-exempt status at that time.

By Catholic Online (NEWS CONSORTIUM)

They're not going to take it - and they're taking their claims to court. A federal judge has allowed a lawsuit by 10 tea party groups to move forward against the Internal Revenue Service. The judge rejected a request by the federal government to dismiss all the ... 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, Jeremiah 15:10, 16-21
10 A disaster for me, mother, that you bore me to be ... Read More

Psalm, Psalms 59:2-3, 4, 10-11, 17, 18
2 rescue me from evil-doers, from men of violence ... Read More

Gospel, Matthew 13:44-46
44 'The kingdom of Heaven is like treasure hidden in ... Read More

Saint of the Day

Saint of the Day for July 30th, 2014 Image

St. Peter Chrysologus
July 30: St. Peter Chrysologus, Bishop and Doctor of the Church ... 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