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Elena Kagan, OB-LIE [Updated Below]

30 June 2010 @ 11:00

There are many reasons to oppose Elena Kagan’s elevation to the SCOTUS, but this one, in a just world, would be the one that should cause her to be either voted down or Obama to withdraw her name.

From The Lonely Conservative:

While Elena Kagan worked for the Clinton White House, it appears she doctored a report by the American College of Obstetricians and Gynecologists to make it look like the group supported partial birth abortion….

TLC found out about this story via an article by NRO’s Shannen Coffin who was ‘the deputy assistant attorney general in charge of the defense of the federal Partial-Birth Abortion Ban Act during the Bush administration’. 

TLC has links to the actual documents here and to Mr. Coffin’s article.

Over at The Corner, Yuval Levin summarizes the facts for us [tip of the fedora to Stacy McCain]:

It seems that the most important statement in the famous position paper of the American College of Obstetricians and Gynecologists—a 1996 document that was central to the case of partial-birth-abortion defenders for the subsequent decade and played a major role in a number of court cases and political battles—was drafted not by an impartial committee of physicians, as both ACOG and the pro-abortion lobby claimed for years, but by Elena Kagan, who was then the deputy assistant to the president for domestic policy.

Kagan saw ACOG’s original paper, which did not include the claim 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,” but, on the contrary, said that ACOG “could identify no circumstances under which this procedure . . . would be the only option to save the life or preserve the health of the woman.” She wrote a memo to two White House colleagues noting that this language would be “a disaster” for the cause of partial-birth abortion, and she then set out to do something about it. In notes released by the White House it now looks as though Kagan herself—a senior Clinton White House staffer with no medical background—proposed the “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman” language, and sent it to ACOG, which then included that language in its final statement.

Stacy McCain is spot-on when he writes:

Excuse me if I fail to see how a Harvard Law diploma qualifies Elena Kagan to draft a medical paper on partial-birth abortion.

He has more links in his posting.

The Memeorandum thread is here.

This is the practice of applying political pressure at it’s worst, and it shows that Mzzz. Kagan has no respect for the boundaries that exist between the professions.  This is typical Leftist thinking at work: the end justifies the means, everything, including distortions and outright lies are permissible in the furtherance of the ends of Progressive Ideology.

Elena Kagan cannot be trusted to interpret The Constitution nor the laws of this land because she, obviously as this situation makes very clear, does not believe in the Rule Of Law.  She is a soldier for the army of Rule Of Man, a warrior for whim.

If the GOP does not do everything to prevent her elevation, then may the souls of all of the children murdered via partial birth abortion curse them.

As to the argument, often heard on the Right, that the rejection of Mzzz. Kagan will cause the Anti-President to throw a hissy fit and nominate someone even more radical, the GOP should be saying to the Nancy-Boy-In-Chief: ‘Bring it on!’, not ‘Oh no!  Not that!  No, please, we’ll swallow the woman who hired a few token conservatives ’cause maybe [oh just maybe!] she’ll be more moderate once she’s on the bench!  We’ll keep quiet while we kiss your arse, Mr. President; honest, we will!’

‘Oh conservatives, I don’t know what to do…what to do.’
‘You can ACT LIKE A MAN!  What’s a matter with you?’

UPDATE at 1345…

-Over at The Other McCain, Stacy McCain reports and then asks the right questions:

Orrin Hatch raised the question bluntly: “Did you write that memo?” After some dancing around, Kagan finally admitted, “The document is certainly in my handwriting,” but then said that what she was trying to do was to make sure the document from the American College of Obstetricians and Gynecologists accurately reflected their views.

That explanation seems kind of wacky to me. Why would ACOG be coordinating its policy statement with the White House in the first place? Didn’t ACOG already know what it wanted to say without feedback from a White House staffer? So why was ACOG “clearing” its message with the Clinton administration?

The only conclusion I can come to based on Stacy’s reporting: Elena Kagan is lying.

I can prove this mathematically [based on my statements above this Update]:

Elena Kagan + Leftist Thinking = Lies
[a+b=c, where a can be any person].

I’m sure Stacy will keep updating his posting as long as the GOP keeps pressing the issue at the hearings, so keep checking back with him.

-Shannen Coffin [cited above] heard about the exchange between Senator Hatch and Mzzz. Kagan and gives us two convincing reasons why we should doubt her answer.  Here’s one:

…First, the ACOG task force — formed specifically and solely for the purpose of studying the medical efficacy of the procedure — met for two full days in October 1996, and the result of their collective work was a statement concluding only that it could identify no particular circumstances where the partial-birth method might be the only method to save the health or life of the mother, but that the committee thought it important to leave that judgment to the individual doctors — that is, a policy statement that Congress should stay out of it. After they deliberated in October 1996, the task force forwarded its draft statement to the ACOG board. It was only then that Kagan stepped in to suggest changes.

Therefore, any suggestion that her work was merely the synthesis of the task force’s deliberations doesn’t account for that time line — she had no interaction with the task force itself, only the executive board of ACOG.

For the other, please click here.

-The Mind Numbed Robot agrees with me that The Stupid Party should filibuster Mzzz. Kagen’s appointment:

Plenty of material is available to reinforce the position that Elena Kagan should be rejected from lifetime inclusion to the highest court in the land. It defies comprehension that I, a mere peon in the political arena, should feel obligated to point out the obvious insanity. But here we go again.

And he goes on to explain the major reasons why she should not be elevated to the SCOTUS.  Please do check it out.

UPDATE at 1407…

Over at AmSpecBlog, Philip Klein has the transcript of the exchange between Senator Hatch and Mzzz. Kagan.

UPDATE at 1941…

-Stacy McCain’s got the straight poop on Elena Kagan’s political shenanigans concerning the AMA.  Here’s the lede:

American United for Life says Kagan also intervened to influence the American Medical Association’s position on partial-birth abortion.

-Victor Davis Hanson and I are simpatico:

The Climategate emails, the Interior Department’s misrepresentation of the scientific analysis of the Gulf spill, the supposed Kagan touch-up of a bothersome medical opinion, the fraudulent Kos poll — there have been a number of news stories lately about fraudulent means being used to further noble liberal ends.

What all these diverse incidents have in common is a general feeling that exalted progressive aims — stop global warming, gulf drilling, restrictions on abortion, and the Right — sometimes necessitate a “by any means necessary” approach.

This impression is enhanced by the Obama administration’s similarly Jacobin approach to the law….

Please click here to read the rest.

In the Comments Section, Adobe Walls agrees with me that we should fight this nomination, but he puts it much more eloquently than I:

If we filibuster every hard left nominee Obama puts up eventually he’ll have put up someone more moderate. Ginsberg has been in poor health and just lost her husband (RIP). Statistics are not in her favor. Even if we wind up having to acquiesce to a second or third choice even worse than Kagan so what. How much worse than Stevens can they be? At this point the Social Democrats are convinced that the Republicans will not filibuster on principal. I agree. This is a weakness not a strength. Tit for tat is a perfectly acceptable way of dealing with opponents. Knowing that Republicans are willing to filibuster just to be obstructionist would do wonders for the right’s moral, even if it had no effect on the left’s way of thinking. There is an attitude on much of the Right that we must be “Better than they are” I submit that we MUST be Better at it than they are.

9 Comments
  1. 30 June 2010 @ 14:07 14:07

    Thanks for the link BB!

  2. Adobe Walls permalink
    30 June 2010 @ 15:26 15:26

    If we filibuster every hard left nominee Obama puts up eventually he’ll have put up someone more moderate. Ginsberg has been in poor health and just lost her husband (RIP). Statistics are not in her favor. Even if we wind up having to acquiesce to a second or third choice even worse than Kagan so what. How much worse than Stevens can they be? At this point the Social Democrats are convinced that the Republicans will not filibuster on principal.I agree. This is a weakness not a strength. Tit for tat is a perfectly acceptable way of dealing with opponents. Knowing that Republicans are willing to filibuster just to be obstructionist would do wonders for the right’s moral, even if it had no effect on the left’s way of thinking. There is an attitude on much of the Right that we must be “Better than they are” I submit that we MUST be Better at it than they are.

  3. Adobe Walls permalink
    30 June 2010 @ 21:09 21:09

    I’m honored, thank you.

    • bobbelvedere permalink*
      30 June 2010 @ 21:40 21:40

      You’re quite welcome.

  4. 30 June 2010 @ 22:43 22:43

    “This is typical Leftist thinking at work: the end justifies the means, everything, including distortions and outright lies are permissible in the furtherance of the ends of Progressive Ideology.”

    Exactly right. Good post.

    • bobbelvedere permalink*
      30 June 2010 @ 23:07 23:07

      Thank you.

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