AUL - Kagan Testimony: Pro-Abortion Career



Senator Herb Kohl, questioning Elena Kagan this morning before the Senate Judiciary Committee, asked “Since we don’t have a judicial record for you, what should we use to evaluate you to see what kind of justice you’ll be, what you’re judicial philosophy will be?”

Kagan responded: “Look to my whole life – my tenure as Solicitor General, as Dean of Harvard Law, my time in the White House…”

Kagan spent the majority of her career working for pro-abortion politicians and judges and worked as a pro-abortion political operative.

Kagan’s “Whole Life” Includes:

  • The first year after Kagan graduated from law school, she clerked for federal Judge Abner Mikva, who, during an interview, stated: “I think judges tend to be too separate from the political process and the body politic.  I support the result of Roe v. Wade. When I was a member of the state legislature, I was introducing proposals to make Illinois law approximate what Roe v. Wade later on did…And then, to my pleasant surprise, the Supreme Court came down with [a decision that] preempted the whole political process.”  (Roe, along with its companion Doe v. Bolton, created an unrestricted “right” to abortion.)
  • In 1987, Kagan clerked for Supreme Court Justice Thurgood Marshall, whom she called “the greatest lawyer of the 20th century.”  Marshall was an extreme abortion supporter while on the Bench.  In Beal v. Doe, which involved the disbursement of federal funding to abortion clinics, the U.S. Supreme Court ruled that the Social Security Act did not require the funding of nontherapeutic abortions as a condition of participation in the Medicaid program.  Justice Marshall disagreed with the majority’s holding: “The right of every woman to choose whether to bear a child is, as Roe v. Wade held, of fundamental importance. An unwanted child may be disruptive and destructive of the life of any woman…”  Justice Marshall stated that without federal funding of abortion, “a vital constitutional right,” any “chance to control the direction of [a woman’s] own life will have been lost.”
  • In 1988, Kagan worked as a Researcher for Michael Dukakis’ presidential campaign.  Dukakis was one of the most outspoken pro-abortion politicians of his time. Three years before Roe v. Wade, he introduced a bill in the Massachusetts House to repeal that state`s then strongly pro-life laws.
  • In the summer of 1993, Kagan worked as special counsel to then-Senator Joe Biden on the Senate Judiciary Committee, and was engaged in the confirmation hearings of Justice Ruth Bader Ginsburg.  Biden believes the Constitution offers an “inherent right to privacy” and “strongly supports Roe v. Wade.”  During a 2007 Democratic primary debate, when asked whether he would have a specific litmus test question on Roe for Supreme Court nominees, Biden stated: “I would make sure that the people I sent to be nominated for the Supreme Court shared my values; and understood that there is a right to privacy in the United States Constitution.  That’s why I led the fight to defeat Bork, Roberts, Alito, and Thomas.”
  • From 1995-1999, Kagan worked for President Bill Clinton as Associate Counsel to the President, and then Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council.  Clinton vetoed the Partial Birth Abortion Ban passed by Congress not once, but twice; reversed the Mexico City Policy, allowing federal funding to go to groups that perform or promote abortion; and supported the Freedom of Choice Act (codifying Roe and Doe into federal statutory law). Kagan advised Clinton on abortion issues, and in 1997 argued against any restrictions on abortion – even in the case of partial birth abortion – by claiming that such restrictions were “unconstitutional.” She also told Clinton that accepting abortion "limitations" was ill-advised because “the [pro-abortion] groups will go crazy” if he didn't do what they wanted.
  • President Obama, one of the most pro-abortion presidents in our nation’s history, picked Kagan to be the Solicitor General in 2009, and has now nominated her to the U.S. Supreme Court.  In Obama’s statement on the 35th Anniversary of Roe v. Wade during his presidential campaign, he said: “With one more vacancy on the Supreme Court, we could be looking at a majority hostile to a women’s fundamental right to choose for the first time since Roe v. Wade. The next president may be asked to nominate that Supreme Court justice.  That is what is at stake in this election.”    

What type of Justice would Kagan be?  She would be an agenda-driven Justice who would strongly oppose even the most widely-accepted protections for the unborn. There’s still time to ask Kagan more questions – she should fully disclose, before the American people, how extreme her views really are.

What part of Kagan’s “whole life” demonstrates that she has the ability to impartially interpret the law?