More Senators Oppose Pro-Abortion Supreme Court Nominee Elena Kaga
by Steven Ertelt
July 8, 2010
Washington, DC (LifeNews.com) — More senators announced their opposition to pro-abortion Supreme Court nominee Elena Kagan on Wednesday. The list now includes eight senators who officially oppose Kagan, including Senator John McCain of Arizona who wrote an editorial in USA Today.
McCain says Kagan has frequently "stepped beyond public advocacy in opposition to a policy and into the realm of usurping the prerogative of the Congress and the president to make law and the courts to interpret it."
"I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people. Given the choice to uphold a law that was unpopular with her peers and students or interpret the law to achieve her own political objectives, she chose the latter," he added.
Others senators saying they are voting against Kagan include Senator Johnny Isakson of Georgia and pro-life Sens. Bob Bennett of Utah, James Inhofe of Oklahoma and Jim DeMint of South Carolina.
They join senators who have already announced their opposition, including Republican Leader Mitch McConnell, Lisa Murkowski of Alaska and Orrin Hatch of Utah.
In his own opinion column, DeMint expressed some of the same themes as McCain.
"Americans don’t want their country to be reinvented, expanded and transformed by a living Constitution. They’re demanding a return to constitutional, limited government. Yet, Washington still isn’t listening to the majority of voters who want less government," he said.
"Obama has nominated a Supreme Court justice who will probably give them more. In the end, it’s up to the American people to preserve, protect and defend the Constitution when their elected officials and courts won’t," he added.
Kagan received 31 no votes when she was nominated to be Solicitor General and she will likely receive more this time around, though it is unclear whether any Republicans will mount a filibuster — which would be hard pressed to receive 40 votes to be sustained.
Senator Arlen Specter, the pro-abortion Democrat who voted against Kagan when he was a Republican and was critical of her recent testimony, could wind up as the only vote against Kagan from Democrats on the Judiciary Committee. Though whether he would go as far as supporting a filibuster is another question.
The only senator to announce support for Kagan currently is pro-abortion Sen. Al Franken of Minnesota.
Senators, during the hearings last week, asked questions about memos she wrote during the Clinton administration in which she pressured two medical groups to modify their stance saying partial-birth abortions offer no medical benefit for women.
Kagan’s story seemed to vacillate as she initially could not remember, but then admitted to writing, memos that urged the American College of Obstetricians and Gynecologists to change its position on partial-birth abortions.
While Kagan’s memos resulted in pressuring ACOG to back down on its assertion that the three-day-long abortion procedure is never necessary to protect the life or health of a woman, and while the Supreme Court ultimately cited ACOG’s revised stance to overturn a state ban on the abortion procedure, Kagan insisted she was merely doing the bidding of former President Bill Clinton, who vetoed a national ban.
Kagan also sought to influence the American Medical Association and get the AMA to revise its opinion that partial-birth abortions provide no medical benefit for women.
The memos are important because the Supreme Court initially relied on the opinion of the medical groups to overturn a state ban on partial-birth abortions that had no health exception.
Later, the Supreme Court reversed itself and said a national partial-birth abortion ban was constitutional and no health exception is necessary.
Pro-life groups have described Elena Kagan as the stereotypical judicial activist and abortion advocate.
She clerked for pro-abortion Justice Thurgood Marshall, whom she lauded, and her writings dating back to her college days are filled with accolades for judges who took the law into their hands and twisted it for a desired outcome rather than relying on the people through their elected officials.
Kagan helped Bill Clinton defend his veto of a partial-birth abortion ban — the gruesome abortion procedure when a baby is birthed halfway and then jabbed in the head with medical scissors, killing him or her. She helped Clinton find political cover for his decision to keep those abortions legal.
Kagan went as far as advocating that the Clinton administration not only ignore but manipulate the opinion of a national medical group that said there was never any medical justification for killing unborn children halfway out of the birth canal.
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