Republicans Likely Won’t Filibuster Pro-Abortion Kagan, Promise Tough Hearings

National   |   Steven Ertelt   |   May 17, 2010   |   9:00AM   |   WASHINGTON, DC

Republicans Likely Won’t Filibuster Pro-Abortion Kagan, Promise Tough Hearings

by Steven Ertelt Editor
May 17
, 2010

Washington, DC ( — Senate Republicans say they likely will not filibuster the nomination of pro-abortion Solicitor general Elena Kagan to replace retiring pro-abortion Supreme Court Justice John Paul Stevens. However, they promise tough hearings and questions in the Senate Judiciary Committee.

Arizona Sen. Jon Kyl, a leading member of the Senate Judiciary Committee and pro-life advocate, told CBS’s "Face The Nation," he didn’t expect a filibuster.

"The filibuster should be relegated to the extreme circumstances, and I don’t think Elena Kagan represents that," he said.

But that doesn’t mean Senate Republicans won’t oppose her nomination and subject the abortion advocate to a thorough committee hearing.

"She has so little other record, this is going to be a big deal," said Alabama Sen. Jeff Sessions, the committee’s top Republican who is also pro-life, to ABC’s "This Week." program. "It’s so important how she testifies. We’ll be looking at her testimony because she has so little other record"

Kyl agreed, adding that Republicans want to know "whether she will lay her political beliefs aside when she’s deciding cases and decide those cases strictly based upon the facts and the law of the case."

"That may be a little difficult in her case because she’s never had to do that before as a judge, and so it’s more difficult to know whether she is actually able to set her views aside. But that will be the primary issue," he said.

Even Democrats acknowledge, as pro-abortion Sen. Chuck Schumer of New York admitted to AP, "She doesn’t have judicial experience."

The timetable for the nomination process to move through the Senate should resemble the one used to confirm pro-abortion Supreme Court Justice Sonia Sotomayor. That had committee hearings and votes as well as a full Senate vote conclude by August, in time for the nominee to join the high court before its October session.

Kagan has a very clear pro-abortion record heading into that process, including recent information showing she donated to a pro-abortion groups with ties to the Emily’s List organizations that endorses pro-abortion candidates with the most extreme position favoring taxpayer funded abortions.

Obama’s nominee also wrote a memo during the Clinton adminsitration providing him political cover for his veto of a bill banning partial-birth abortions. And she attacked pro-life advocates in a 1980 essay.

Kagan, a former Harvard Law dean, is an ardent abortion advocate who, at 50, would leave a pro-abortion legacy for Obama on the Supreme Court for decades to come.

"Elena Kagan has strong ties to abortion-advocacy organizations and expressed admiration for activist judges who have worked to advance social policy rather than to impartially interpret the law," Charmaine Yoest, the president of Americans United for Life, told

She said her group would "oppose President Obama’s attempt to reshape the Court as an activist, pro-abortion institution through which unelected judges will work to impose an out-of-the-mainstream social agenda upon the American people."

Yoest called Kagan "an ardent abortion supporter" who fulfills Obama’s pledge to nominate a justice who strongly supports abortion.

Kagan has publicly and repeatedly criticized federal regulations that prohibited recipients of Title X family planning funds, taxpayer dollars, from counseling women to get abortions — arguing they amounted to the subsidization of "anti-abortion" speech.

She has spent most of her career in academia and government — in part as a legal counsel in the administration of pro-abortion President Bill Clinton –and prior to becoming the attorney for the Obama administration before the Supreme Court. Kagan was Associate Counsel to President Bill Clinton and Deputy Assistant to him for domestic policy — which, under Clinton, advocated abortion. spoke with Wendy Wright, the president of Concerned Women for America, before the nomination.

Kagan was credited by the ACLU with “shaping Clinton’s policy on hate crimes," Wright noted.

"The Clinton Administration treated pro-life activists like violent criminals, creating a task force in the Department of Justice and a grand jury to investigate peaceful pro-lifers. This raises serious concerns that she shares the hostile view that religious beliefs are a form of ‘hate,’" she said.

Kagan has also come under criticism from Marjorie Dannenfelser, the president of the pro-life women’s group Susan B. Anthony List.

She told previously, "In the past Kagan has been a strong supporter of the pro-abortion agenda. She has vigorously opposed the de-funding of taxpayer-funded clinics which promote abortions, despite the fact that a majority of Americans do not want their tax dollars to fund abortion providers."

Kagan’s nomination confirmed the suspicion of many political observers that Obama decided to go with a radical left-wing nominee while Democrats control the Senate with a huge advantage that is expected to deteriorate after the November elections.

Related web sites:
Petition Against Kagan –
Facebook: Stop Kagan

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