Kagan Fudged Study Results to Justify Partial Birth Abortion in Court
Posted by Jim Hoft on Tuesday, June 29, 2010, 7:13 PM
The Kagan Smoking Gun–
Elena Kagan fudged the results of a study on partial birth abortion in order to justify the procedure in court.
Just to refresh your memory… During partial birth abortion babies are pulled feet-first from the womb and stabbed through the back of the skull.
Elena Kagan sent this note to the American College of Obstetricians and Gynecologists telling them to fudge their report on partial birth abortion.
Power Line reported on this scandal by radical Elena Kagan:
A key event in the politics of partial-birth abortion was a report by a “select panel” of the American College of Obstetricians and Gynecologists (ACOG), a supposedly nonpartisan physicians’ organization. That report included this statement, which the Supreme Court found highly persuasive in striking down Nebraska’s partial-birth abortion ban:
ACOG declared that the partial-birth-abortion procedure “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.” The Court relied on the ACOG statement as a key example of medical opinion supporting the abortion method.
Here is the shocking part: the ACOG report, as originally drafted, said almost exactly the opposite. The initial draft said that the ACOG panel “could identify no circumstances under which this procedure . . . would be the only option to save the life or preserve the health of the woman.” That language horrified the rabidly pro-abortion Elena Kagan, then a deputy assistant to President Clinton for domestic policy. This is what Kagan wrote in a memo to her superiors in the Clinton White House:
Todd Stern just discovered that the American College of Obstetricians and Gynecologists (ACOG) is thinking about issuing a statement (attached) that includes the following sentence: “[A] select panel convened by ACOG could identify no circumstances under which [the partial-birth] procedure … would be the only option to save the life or preserve the health of the woman.” This, of course, would be disaster — not the less so (in fact, the more so) because ACOG continues to oppose the legislation. It is unclear whether ACOG will issue the statement; even if it does not, there is obviously a chance that the draft will become public.
So Kagan took matters into her own hands: incredibly, she herself appears to have written the key language that eventually appeared in the ACOG report. Coffin writes:
So Kagan set about solving the problem. Her notes, produced by the White House to the Senate Judiciary Committee, show that she herself drafted the critical language hedging ACOG’s position. On a document [PDF] captioned “Suggested Options” — which she apparently faxed to the legislative director at ACOG — Kagan proposed that ACOG include the following language: “An intact D&X [the medical term for the procedure], however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.”
Kagan’s language was copied verbatim by the ACOG executive board into its final statement...
That’s not all… Apparently there is word that Kagan may have lied to the Supreme Court in a 9-11 case.
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Freddy commented:
A lot of info here to be verified.
IF Kagan deliberatly ALTERED evidence, then she will not be approved. In fact, I would be surprised if she does not withdraw.
newton commented:
:-O
“Hide the decline,” anyone?
DINORight commented:
Have any of the Repubs on the committee seen and/or read this? If so, they better start asking questions – with NO mercy for this unqualified nightmare of a nominee. Kagan is an embarrassment, a dangerous and heartless person who does not deserve to be given a position of power – especially not a lifetime appointment to the highest court in the land! She is abundantly worse than Sotomayor, which is a tough thing to say! She must go!
Obamanation @ Notre Dame commented:
88 JAILED for refusing to participate in Adoration of “THE ONE” – http://www.FreeTheND88.org
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Nick commented:
The King of Queens does not seem to be all that ethical. However changing the language of a panels report seems to be a qualifier for any position in this administration. Jeez!
olm commented:
I said it this morning and i’ll say it agaain, this woman should not be approved.
I know it is just trading wacky libs but Obama needs to find one who passes the smell test.
This one is just a little Obama clone.
Patriotic commented:
This is another reason why elections matter.
Now we are going to have another radical feminist on our highest court of the land.
It astounds me that we have a small minority of progressives, radical feminists, etc (MAINLY DEMOCRATS) dismantling our country, and our Constitution, all the while [controlling] how the people who believe in the traditional values this country was founded on, how to live.
When are more Americans going to wake up and start voting against these insidious devils?
down with dems commented:
You really have to have a thirst for killing babies in order to change the wording that much.
At another website she was quoted as saying that the panel’s finding (that partial birth abortion would IN NO SITUATION be the only option to saving a woman) would be “politically devastating” (maybe disastrous, can’t remember)… which is why she made/requested/forced the change in wording to the exact OPPOSITE of what the panel of doctors determined. Kagan is not a doctor, and even if she were a doctor her singular opinion would not outweigh a panel of doctors.
Outrageous
down with dems commented:
Also, think of this in the context of OBAMACARE.
If this is how policy on partial birth abortions is determined–by one liberal woman inserting her own wording in contradiction of a panel of doctors–how do you think your health care is going to be run under Obamacare?
Doctors won’t be deciding what’s best for you, random people like Kagan will crawl out of the woodwork and change a single sentence that could determine whether you or your loved ones live or die.
wanumba commented:
Freddy
June 29th, 2010 | 7:17 pm | #1
A lot of info here to be verified.
IF Kagan deliberatly ALTERED evidence, then she will not be approved. In fact, I would be surprised if she does not withdraw
………
Withdraw? That works with people who have functioning consciences. She altered a documented position in order to promote murder of children. Don’t detect much of a conscience anywhere there or any humanitarian compassion for babies. Partial birth abortion is vicious. That’s two commandments broken: lying and murder. Withdraw? Pheh. The People’s Representatives have a JOB to do and that’s to vote NO on her confirmation.
We’ll see how diligent they are on that solemn duty.
nadadhimmi commented:
Hey Freddy; you live in a pre-Barack world my friend. Kagan is indeed, by all evidence a pure-bred Stalinist. This is straight out of Orwell. But she will be embraced and lauded for her activist/Stalinist actions to “Protect the children” by the media, Democrats and the Lindsey Graham/McCain wing of the Republicans. All this progressive/communist s**t will end in a short lived Civil War.The survival of the 2nd Amendment will enable the Constitutionalists to restore the rest of that Incredible document.
wanumba commented:
This was the exact same tactic used by Obama’s guy to justify the drilling ban. He altered a a signed document to make it read the opposite of what the signers stated. It’s stunning he thought he’d get away with it as if it was a sophomore college stunt – the signers not only discovered the sham, they have the original signed document, proving it was tampered with.
Pat the First commented:
If they can prove this was actually her work, this is not good for her. And being confirmed as SCOTUS judge is the least of her issues. Her Maker is going to have a few questions for her some time. Wouldn’t want to be in her shoes.
Betsy Ross commented:
What a travesty….I mean, really, this is the best they could find to be on the Supreme Court…are you friggin’ kidding me? Oy…
(thought bubble)…must…pray…harder…
Kenny Solomon commented:
EVERY Democrat in The Senate will vote to confirm her.
She could be on live TV performing a partial-birth abortion herself……. Won’t make a damn bit of difference.
We’ve the makings of a real Nazi regime here in what’s left of America.
Best tool up…… The road ahead is gonna get pretty bumpy.
Ginger commented:
There is no doudt that she will always vote how Barry wants her to vote! They will write her briefs for her! A person who is a known Liberal as loud as she has been should never be a judge of any kind. She was allowed to leave her teaching to help Kerry, Clinton, Barry, and another one (can’t remember name)In their elections!
Aine commented:
Just when you think we’ve hit the bottom of the barrel…God, these people are vile and without souls.
How can the Senate see everything that’s on the major blogs today–like this one–and still confirm this woman? I wouldn’t expect her to think there’s anything wrong with her professional history: I would hope enough of them believe there is something terribly wrong with it…
Thanks, Jim, for all your efforts!
UpChuck.Liberals commented:
Well this certainly explains why OilBummer likes her so much … birds of a feather and all that stuff.
jainphx commented:
Lying is a resume enhancement for Demoncraps. I guess we will find out just how the rule of law plays into the Demoncraps ideas for the supreme court. Changing the words in a brief that are used in a major court case is against the law, is this the type of person that the left will fight for? Says a whole lot about the left.
Amy Proctor commented:
Jim, this from June 6 2010:
http://amyproctor.squarespace.com/blog/2010/6/6/documents-show-kagan-defending-partial-birth-abortion-knowin.html
Documents Show Kagan Defending Partial Birth Abortion Knowing Medical Advice Was False
(Kagan not only supports partial birth abortion, but that she was willing to cover up the medical opinion that the doctor admitted was false in order to save face for pro-choice advocates.)
==================
In one of the documents that comprises the 46,000 pages of material the William J. Clinton Presidential Library released today, Kagan opined on the ban for Clinton as an attorney with the administration’s Office of Domestic Policy.
In a February 27, 1997 memo to top White House staff, Kagan referred to the startling admission from Ron Fitzsimmons, at the time the executive director of the National Coalition of Abortion Providers.
The debate then had been on whether the partial-birth abortion procedure was done for health reasons for the mother or essentially on healthy unborn children for elective reasons only.
Leading pro-abortion groups like Planned Parenthood and NARAL made claims that flew in the face of medical practice by saying the three-day-long abortion procedure would somehow be able to save a woman’s life in a life-threatening medical circumstance.
Fitzsimmons signed on to that mantra but eventually relented, saying he “lied through my teeth” about the statistics and supposed reasons for the abortion procedure.
According to CNN, the new memo showed Kagan advising Clinton, saying it “it would be a great mistake to challenge” Fitzsimmons’ statements given how embarrassing they were for abortion advocates.
CLN commented:
The dems won’t care and the media will decline to investigate. The GOP will not “go there”.This is over before it begins.
jainphx commented:
CLN#22 The GOP will not go there is, I’m afraid, only too true. Can’t we get some people with guts on these committees. Hatch, Graham, etc. doesn’t give me much confidence.
Alana commented:
I don’t know why the Republican guys are always trying to be reasonable and bend over backwards and all that, rather than do what’s best for the country.
After all, the Democrats never give an inch.
John Fembup commented:
This breaking story raises 3 questions that demand further explanation:
1. How plausible is this chronology?
A. The initial draft as written stated that the ACOG panel “could identify no circumstances under which this procedure . . . would be the only option to save the life or preserve the health of the woman.”
B. Kagan then rewrote this key passage to state that the partial-birth-abortion procedure
“may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.”
C. Then Kagan
“. . . apparently faxed to the legislative director at ACOG”
D. Whereupon someone at ACOG accepted the revised wording from Kagan at the White House, and replaced the original draft wording with it, so that the final ACOG report said and meant nearly the opposite of the ACOG findings.
2. Why would ACOG or any ACOG official actually do what step (D) of this chronology claims was done?
3. Where is ACOG hiding? If this chronology indeed happened as described – then there is also a rat inside ACOG. We need to hear from ACOG ion this. Where is its spokesperson?
bg commented:
++
re: Kagan lied to Supreme Court in 9/11 case, should be disbarred
[As Obama's solicitor general, Supreme Court nominee Elena Kagan urged the Court to dismiss the suit that our 9/11 families have been pressing against the Saudi government and several Saudi princes for their extensive funding of al Qaeda.]
Percy Sutton (Malcom X’s Lawyer) Says Barack Obama
Knows And Was Financed By The Racist Radical Muslim
Moussawi, the rainbow reveals the existence of evidence proving the involvement of the former regime with terrorists, bin Laden and Zawahiri
Revealed the former president of the prosecution in the Supreme Iraqi Criminal Tribunal and a member of the National Coalition Jaafar al-Musawi in an exclusive interview with Fayhaa revealed the existence of documentary evidence and documents proving the involvement of the regime of Saddam regime in the relationship with the leaders of al Qaeda with the terrorist Osama bin Laden and the terrorist Ayman al-Zawahiri. Moussawi said that Saudi Arabia and the parties of the ruling family of them worked to consolidate the relationship with Saddam’s regime to al-Qaeda terrorist network.
==
Joanne commented:
She should be tried for the murder of any babies who were killed in late-term abortions because of her wording. Why do these feminists want to kill the unborn and kill the unborn in such an inhumane manner? There is no doubt these women are the epitomy of evil. They will go through any means to arrive at the desired end.
jainphx commented:
Dems make me sick, they are ok with killing innocent little people not yet born, he@@ even after they are born, But murderers sentenced to a well earned death, are protested. Oil ruining the lives of untold thousands of people, well can’t really help them. Lying to courts, fabricating evidence, lying to the people, using Racism as a tool. Good LORD I hate these evil people!!!!!
jainphx commented:
Laws are not laws, they can DEEM a bill passed, they contort common sense. They live in a world where laws are only for other people, and we sit by with our hands tied behind our backs by Senators on our side, who give lip service to the will of the people, and the rule of law. November is coming and changes will be made, but if we send John McCain back to reach across and around, what have we achieved. The house can only do so much, we also need people in the Senate that HEAR us and act accordingly.
Opus #6 commented:
How does the huge, full-term baby get halfway out of the mother’s womb? By induction of labor. Why must the baby’s brain be destroyed instead of delivered? No reason, except murder.
Any third tri woman who MUST be relieved of her pregnancy can have an induced labor or c-section. Why must she insist that the baby be KILLED!
Hatless Hessian commented:
I called Senator Grassley’s office. They’ve never heard of this and didn’t seem interested at all in it (as if it was conspiracy stuff since it didn’t come from the New York Times). They intend to provide Kagan with a “fair hearing.”
Fair must mean roll over and play dead. Not much change out of the Republican Party. Tell me why, again, we should not throw them all out?
Skinner commented:
WITHDRAW?
SHE WILL BE CONFIRMED WITH FLYING COLORS.
AMERICA THE STUPID – WE ARE WITHOUT WISDOM.
WHERE IS THE OUTAGE FROM THE SENATE REPUBLICANS?
GOD I CAN’T WAIT FOR NOVEMBER – MY COUNTRY IS MAKING ME SICK RIGHT NOW.
.
Pat the First commented:
Does B.O. know anyone with any moral compass? It seems he surrounds himself with flakes.
Sandy from Chesterfield commented:
Dept. of the Interior Ken Salazar altered the report on the gulf oil spill adding that there should be a moratorium on off shore drilling while the people writing the report did not recommend that. Has he been fired?
donh commented:
I posted earlier my serious concerns that Elena Kagan is the secret grandaughter of documented master KGB spy Joseph Kagan. Today the big news story is the bust of a deep cover Russian spy ring that has ties to Democrat fundraiser Alan Patricof, familiar to all of Bill Clinton’s inner circle that includes Elena Kagan. I do not believe the timing is any freak coincidence. I grow more convinced that Elena is a “deep cover” agent of Russian bolshevism , which makes her far more dangerous than a mere american liberal. No loyal American liberal supreme court judge is so depraved in partisianship as to put a radioactive isotope onto the dinner plate of a conservative colleague . However, being one supreme court justice away from absolute power, and total victory in the decades long cold war , Elena Kagan’s possible ties to the KGB make her an exceptional threat to our nation , and the very lives of the 5 constitutionalists on the bench,. …. http://www.youtube.com/watch?v=uex6amOffAs
brooklyn commented:
Simply pathetic.
Just another Disastrous Democrat.
What a mess.
But why blame Republicans?
They aren’t the problem here.
Sure, there are fools in politics, and will be forever, no matter what party you create.
The issue is removing Democrats from power, then it will indeed ‘change’ – it is the only way, at the voting booth.
seven commented:
She is a stupid lawyer wanting to make medical decisions. She is disgusting. Gross. If she was a mom she might have some valid ideas. Gender confused lesbians are not a good source of laws for women that are mothers.
It is also above her pay grade to understand the unborn babies are humans.
Sojourner commented:
Chilling….
Kagan was aware and participated in making the change.. being a progressive political legal hack,she can,in all too typical fashion, devise an expedient defense for her deplorable actions.
However, it is indefensible, as she is an attorney & as such, an officer of the court,duly sworn to uphold the law and ‘held to higher standards.’
She should get NO PASS on this.. it speaks volumes to how she will vote, if & when she’s confirmed.
.. The true ‘smoking gun’….may be what responses she gave to written confirmation questions for SG and now,SCOTUS,regarding her thoughts & reflections on past actions/decisions related to any abortion case. Did she include anything about this chilling episode in her written responses to such questions?? I’ll bet not.Senators should be asking Kagan direct questions about this.
I urge everyone to email/ call their Republican Senators and speak out regarding their opposition to Kagan for SCOTUS.
antilbr commented:
Can anyone say MOOOOOOOO…She looks like al franken in drag…..Ruth Ginsburgs better looking OWWWWWW….
CommieBlaster commented:
ONE MORE SOCIALIST ON SCOTUS AND
AMERICA BECOMES COMMUNIST BY LAW
LEARN WHY HERE: http://www.commieblaster.com
bg commented:
++
The Confirmation Hearings Actors
==
Radegunda commented:
Opus asks a key question about the procedure: if it doesn’t harm the mother’s health to induce labor and get the baby halfway out the birth canal, would it really endanger her any more to get the baby all the way out without killing it first?
The only answer the pro-aborts could rationally offer is: they have to crush the baby’s skull first because that’s the biggest part. But do they really have to?
Or, they might resort to the notion that it will damage the mother’s psychological well-being to deliver the baby alive rather than dead. That’s what Obummer believes: it hurts a woman’s feelings if she wanted to abort the baby but it survived, so then you have to put the baby in a closet to die so she can feel good about herself.
Jed commented:
Since when are reports from medical associations drafted on lined paper, and written by hand. Suspect?