Senate Judiciary Committee OKs Pro-Abortion Elena Kagan for Supreme Court

National   |   Steven Ertelt   |   Jul 20, 2010   |   9:00AM   |   WASHINGTON, DC

Senate Judiciary Committee OKs Pro-Abortion Elena Kagan for Supreme Court

by Steven Ertelt Editor
July 20
, 2010

Washington, DC ( — In a nearly party-line vote with very little suspense, the Senate Judiciary Committee today approved President Barack Obama’s nomination of pro-abortion Solicitor General Elena Kagan to replace retiring pro-abortion Justice John Paul Stevens on the Supreme Court.

Now, Kagan’s nomination will head to the Senate floor, where Republicans may mount a filibuster or may back down knowing they don’t have the votes to uphold it — especially with one of their own backing Kagan today.

That the Democrat-dominated panel would approve the former Clinton administration official who was tagged for promoting partial-birth abortions was fully expected.

Predicting the ultimate outcome and underlining the futility of Supreme Court hearings these days, pro-abortion committee chairman Sen. Pat Leahy of Vermont said, "’No minds in the committee are going to be changed by anything we say today."

The committee voted 13-6 with all of the pro-abortion Democrats supporting Kagan’s confirmation and all Republicans opposing her, except pro-life Sen. Lindsey Graham of South Carolina.

Graham said during comments prior to the vote that the Constitution says "elections have consequences" and that he believes presidents are entitled to have their judicial picks confirmed whether he likes them or not.

But pro-life Sen. Jeff Sessions of Alabama told his colleagues Kagan answered Judiciary Committee questions "with political spin."

"The American people want judges who impartially follow the text of the Constitution. They reject judges who use their power to impose their own political views — liberal or conservative — on the nation," he said. "Throughout her career, Ms. Kagan has placed her politics above the law. She has never been a judge, never tried a case before a jury and has practiced law for only three years. She is the least experienced nominee in the last half-century."

"Her self-identified judicial heroes are among the most activist judges to ever serve. She even worked to confirm ACLU General Counsel Ruth Bader Ginsburg, the most activist judge now on the Supreme Court," Sessions added. "As a senior adviser to President Clinton, she was instrumental in efforts to restrict private gun rights and to stop legislation to limit "partial-birth" abortions."

Senator John Cornyn of Texas, also pro-life, compared the Kagan hearings with Kabuki theater where the audience knows the outcome but watches the skills of the actors "with oohs and ahhs."

A new Gallup poll shows just a plurality of Americans support Elena Kagan’s nomination to the Supreme Court and support for the pro-abortion Solicitor General is lower than the support for any recent previous Supreme Court nominee days before their committee vote.

During questioning at the hearings, lawmakers 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.

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.

Kagan has also lauded human cloning and assisted suicide and we can expect those gruesome practices to expand if she becomes the next Supreme Court justice.

ACTION: Contact your senators here and urge a no vote on Kagan’s nomination and tell them to filibuster her.

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


Sign Up for Free Pro-Life News From

Daily Pro-Life News Report Twice-Weekly Pro-Life
News Report
Receive a free daily email report from with the latest pro-life news stories on abortion, euthanasia and stem cell research. Sign up here. Receive a free twice-weekly email report with the latest pro-life news headlines on abortion, euthanasia and stem cell research. Sign up here.