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Fact Check: Kagan on Partial-Birth Abortion Memos: ‘Best Medical Evidence’

Kagan Said She Provided President Clinton The “Best Medical Evidence” About Partial Birth Abortion But Documents Reveal That She Provided The President Findings She Helped Fundamentally Change

ELENA KAGAN: “We Tried …  To Get [President Clinton] Absolutely The Best Medical Evidence On This Subject Possible.” “President Clinton had strong views on this issue and what he thought was that this procedure should be banned, in all cases except where the procedure was necessary to save the life or to prevent serious health consequences to the woman and those were always his principles. And we tried over the course of the period of time when this statute was being considered, actually twice, to get him absolutely the best medical evidence on this subject possible.” (Judiciary Committee, U.S. Senate, Confirmation Hearing, 6/30/10)

Kagan Called Original Draft Findings Of Medical Group A “Disaster”

ELENA KAGAN: “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. … they may try, however, to do something that sounds even stricter. Daschle’s staff hopes that this proposal will provide cover for pro-choice Senators (who can be expected to support it) and that it will refocus the debate from the partial-birth procedure to late-term abortions generally.” (Elena Kagan, Memo For Jack Quinn And Kathy Wallman, RE: Partial-Birth Abortion, KCL – 0090912, Clinton Presidential Library, 12/14/96)

Kagan “Suggested Options” To Change The Findings

Kagan Notes Show Administration Provided New Language To ACOG Associate Director Of Government Relations: “Suggested Options: This procedure An intact D + X, however, could may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman, and the a doctor should be allowed to make this determination.” (Clinton Administration To Kathy Bryant (Associate Director Of Government Relations At ACOG), NLWJC – Kagan – DPC – Box 069 – Folder-001, Abortion – Partial Birth ACOG)

The Medical Group Adopted Kagan’s “Suggested Options” And She Praised Their Findings

ACOG: “An Intact D & X, However, May Be The Best Or Most Appropriate Procedure In A Particular Circumstance To Save The Life Or Preserve The Health Of The Woman, And Only The Doctor, In Consultation With The Patient, Based Upon The Woman’s Particular Circumstances Can Make This Decision.” (ACOG, Statement, 1/12/97)

ELENA KAGAN: “Here’s The Final ACOG Statement On Partial-Birth. It Turned Out A Ton Better Than Expected. I’ll Let You Know In Person What Happened.” (Elena Kagan, Notes On Statement, 1/13/97)

Kagan Then Presented The Revised Findings As “The Most Reliable Opinion” In A Memo To President Clinton

ELENA KAGAN TO PRESIDENT CLINTON: “You have asked whether the so-called partial-birth procedure is ever necessary to save the life of a woman or avert serious harm to her health. Considerable medical uncertainty surrounds this question. … Perhaps the most reliable opinion is from the American College of Obstetricians and Gynceologists (ACOG), which issued a statement in January addressing the procedure, which it calls intact dilatation and extraction (intact D&X). According to the statement, ‘A select panel convened by ACOG could identify no circumstances under which this procedure would be the only option to save the life or preserve the health of the woman.’ (Emphasis in original.) The statement then went on: ‘An intact D&X, however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman, and only the doctor, in consultation with the patient, based upon the woman’s particular circumstances can make this decision.’ In sum, doctors have other options, but those other options may be more risky or otherwise more undesirable from a medical standpoint.” (NLWJC – Kagan – DPC – Box 069 – Folder-001, Abortion – Partial Birth ACOG, 4/10/97)

SENATE REPUBLICAN COMMUNICATIONS CENTER

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog.Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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