A Smoking Gun On Kagan

New evidence has come to light that Elena Kagan, the latest leftwing ideologue nominated to the Supreme Court of the United States by Our Lord and Savior, the Messiah Himself, Barack Hussein Obama, altered the findings of a medical group to make those findings support partial birth abortion rather than the actual findings, which were in opposition to the gruesome procedure, reminiscent of something found in Germany in the 1930s and 1940s.

Shannen Coffin writes at National Review on just how far the Left was willing to go to support partial birth abortion, a procedure in which the baby is partially delivered through the birth canal then has an instrument inserted into its skull with a vacuum device which sucks out the baby’s brains.

Via John Hindraker at Power Line:

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 what did Kagan do? She wrote language into the ACOG draft which made the draft say the opposite of what it actually said. From Coffin, who served as a deputy attorney general in the Bush administration and who defended the challenge to the Nebraska law banning partial birth abortion:

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, where it then became one of the greatest evidentiary hurdles faced by Justice Department lawyers (of whom I was one) in defending the federal ban. (Kagan’s role was never disclosed to the courts.)

Here’s the note via Power Line in Kagan’s own handwriting:

Says Hindraker:

Unless there is some other interpretation of these documents that does not occur to me, it appears that Elena Kagan participated in a gigantic scientific deception. On behalf of the Clinton White House, she deliberately subverted what was supposed to be an objective scientific process. The ACOG report was certainly seen in that light by the federal courts …

This statement was obviously false. The federal courts were victimized by a gross deception and a perversion of both the scientific process and the judicial process, carried out, the evidence appears to show, by Elena Kagan.

Ms. Kagan has a great deal of explaining to do. Unless she can come up with an innocent explanation for these documents, she should not be confirmed.

This is huge, and if the Republicans, who’ve clearly placed their testicles in Algore‘s lockbox, don’t press this, then they don’t deserve to be put in charge of anything other than pushing the brooms behind the elephants at a circus.

It’s time to stop playing Mr. Nice Guy and take off the kid gloves and go after a nominee that is nothing more than a leftwing hack who will simply rubberstamp the unconstitutional Obama agenda. Heck, under questioning from Sen. Tom Coburn, Kagan couldn’t even rule out giving the government permission to dictate what we eat and drink:

The Other McCain cites a classic line from Animal House to explain Kagan’s qualifications to draft a medical paper.

Liberty Pundit Melissa Clouthier says Kagan’s deception is grounds for a Republican filibuster. She adds:

Her disgusting abortion stance notwithstanding, it’s her willingness to LIE, to misconstrue science, to misrepresent the truth that’s the problem here. A Supreme Court Justice should be all about judgment. This demonstrates an ethics hole in her character a mile wide and black hole deep.

There is not excuse for this. None. It is an automatic disqualifier in my opinion.

Mine too. But given the apparent lack of anything resembling a spine on the critters in the Senate with an R next to their names, I just don’t see this Obamaite radical not being confirmed with 58 Democrats and probably half of the Republicans showing “bipartisanship.”

Even more ammo: via Jim Hoft at Gateway Pundit, Kagan may have lied in a 9/11 case and if so, should be disbarred.

Any Republican who votes for her confirmation should be taken out by a real conservative and constitutionalist the very next primary.

Via R.S. McCain on Twitter comes word that the Senate GOPers may have located a spine long enough to press this issue:

Republican Senators are “fully expected . . . to make an issue of this an iussue int he second round of questions this afternoon,” a Senate source tells Human Events, referring to Supreme Court nominee Elena Kagan’s reported involvement in drafting a 1996 document on partial-birth abortion.

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