op/ed on Kagan

Kagan Confirmation Sanctions Dishonesty

The recent vote to confirm Elena Kagan to the United States Supreme Court may well represent the last gasp of an ultra-liberal Senate rushing to fulfill the ideological agenda of the most radical president in American history.

The vote also does damage that may take decades to repair.

Elena Kagan is not just another progressive jurist. Elena Kagan also readily discards the truth in her quest for a liberal utopia.

Two examples of her dishonesty in favor of radicalism stand out.

Kagan, while dean, said in a 2003 email that ROTC activity on campus “causes me deep distress….” She barred ROTC from using the law school Office of Career Services following a court ruling favorable to her in 2004 and noted that, “I am gratified by this result….”

Kagan then, during her confirmation as Solicitor General in 2009, said in a written answer to Senator Tom Coburn that, “I never expressed a position on the exclusion of ROTC from Harvard.”

The most glaring dishonesty from Elena Kagan appeared in her recent testimony concerning her pivotal role in extending by nearly a decade the legality of partial-birth abortion.

We know that the “medical necessity” argument for partial-birth abortion has always been a ruse. Elena Kagan, however, actually invented some of the “science” by which it gained legitimacy for a time.

While Bill Clinton vetoed two different partial-birth abortion bans during the late-90s several states began to pass their own bans. The court fight that ensued from the passage of such a law by Nebraska made it to the Supreme Court in 2000.

The Court struck down the ban citing, in part, a 1997 statement from the American College of Obstetricians and Gynecologists (ACOG) which said at the time that partial-birth abortion “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.”

The ACOG statement, however, had been altered in 1997 from its original version. Diligent work during the Kagan confirmation hearings produced the documents wherein the original ACOG statement declared that it “could identify no (my emphasis) circumstances under which this procedure . . . would be the only option to save the life or preserve the health of the woman.”

Into to the breach stepped Elena Kagan, then a staffer in the Clinton White House. Kagan literally wrote on the original ACOG documents that its statement “would be a disaster.”

She adroitly then offered some “Suggested Options” in a document so-titled. One of the suggestions—“best or most appropriate procedure”—indeed became the final verbiage of the ACOG document.

Elena Kagan actually tried to deny her authorship during her recent Supreme Court confirmation testimony.

Kagan said that, “there did come a time when we saw a draft statement that stated the first of these things which we knew ACOG to believe, but not the second, which we also knew ACOG to believe…. And so we knew that ACOG thought of both of these things.”

Kagan said that ACOG believed both although only one appeared in its final statement. Kagan said that ACOG believed that partial-birth abortion is valid both under “no” circumstance and also under “a particular circumstance.”

The audacity is breathtaking, but we know that her current boss has a thing for audacity.

One of the Bush White House lawyers who successfully fought to uphold the eventual federal legislation that bans partial birth abortion recently said that, “Miss Kagan’s decision to override a scientific finding with her own calculated distortion in order to protect access to the most despicable of abortion procedures seriously twisted the judicial process.”

Elena Kagan fails the “qualification” test on several levels well documented by others. But, the fact that she would lie to perpetuate the killing of innocent children, particularly by such a horrific method, absolutely disqualifies her to serve on the Supreme Court.

An unborn child is a person just like you and me. Elena Kagan and her friend Sonya Sotomayor will spend the next few decades denying unborn children their constitutional rights. The irony, of course, is that they will spend those same years inventing all kinds of new rights for groups they favor.

Senator Jim DeMint recently said of the Kagan nomination that, “Americans don’t want their country to be reinvented, expanded and transformed by a ‘living’ Constitution.”

Most Americans do not want that. The United States Senators who voted for Elena Kagan, however, apparently do—even if it comes with a pack of lies.