Saturday, June 5, 2010

Kagan Defended Clinton Partial-Birth Abortion Ban Veto

This may not be as big of a deal as it would seem based on the headlines. The reason for given for Kagan defending Clinton's veto is that it did not have an exception for the life and health of the mother; something the Supreme Court eventually decided it did not need.

"A newly-produced document today from the Clinton archives is the second to show Supreme Court nominee Elena Kagan defending ex-President Bill Clinton's veto of a bill to ban partial-birth abortions. The memo, and others, may increase Republican opposition to her nomination.

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.
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.

"The president's position today remains what it has always been," Kagan added, defending Clinton's veto in the face of the admission, "that he will sign a bill banning partial-birth abortions, but only if it has an exception that will protect those women -- even if few in number -- who need this procedure to save their lives or prevent serious harm to their health."

The Supreme Court, in 2007, eventually affirmed the constitutionality of a national partial-birth abortion ban that contained no health exception and said one was not needed.

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