Lindsey Graham May Support Kagan for Supreme Court Despite Abortion Views
by Steven Ertelt
July 13, 2010
Washington, DC (LifeNews.com) — Supreme Court nominee Elena Kagan may become one of the more ardent pro-abortion activists on the high court if confirmed, but that may not be enough to stop normally pro-life Sen. Lindsey Graham of South Carolina from supporting her when the Senate Judiciary Committee votes next week.
In a new interview with Politico, Graham appears to be voicing arguments that set the stage for him to depart from his Republican colleagues who are likely to vote against her.
Graham appears to base a potential vote for Kagan on two lines of reasoning — that presidents are entitled to have their Supreme Court nominees confirmed due to their support from the American public in the election.
Graham also believes Kagan will not change the ideological makeup of the Supreme Court — as she will replace retiring pro-abortion Justice John Paul Stevens and keep the current 5-4 pro-abortion majority in place. Should Kagan have been nominated to replace one of the four conservatives who have been supportive of abortion limits, that may be enough to make Graham think twice.
When it comes to judicial nominations, elections have consequences, Graham said. My point of view is you’re replacing Justice Stevens with someone thats of like mind who may actually be more friendly to national security issues.
The one thing I don’t want to do as a nation is overly politicize judicial appointments and thats been going on since [Robert] Bork, Graham told the political web site. If we don’t watch it, were going to drive good people away from wanting to be judges. I don’t expect the president to pick someone that I would have chosen or the NRA would have chosen. At the end of the day, the question is: Are they qualified? Do they live within the mainstream of the liberal judicial philosophy?
Politico indicated Graham has not made up his mind yet how he will vote early next week on Kagan’s bid.
Well, I thought she did very well at the confirmation hearings, he said about whether he is leaning towards voting for Kagan.
While Graham’s vote won’t change the largely party-line vote on the Senate committee expected to approve her nomination, his support may ultimately provide political cover for other Republicans on the fence about her.
During questioning at the hearings, Graham seemed to agree with other lawmakers who questioned Kagan on memos she wrote during the Clinton administration manipulating the opinions of two medical groups that had said partial-birth abortions are never medically necessary for women.
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.
Senators asked Kagan about the memos during Judiciary Committee hearings and she explained her actions away by saying she wanted to help ACOG form a more accurate opinion.
After citing her role in lobbying the medical organizations, the Times says senators need to keep this in mind when they vote.
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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