By Ohio Right to Life
On May 10th, President Obama named current U.S. Solicitor General Elena Kagan his nominee for the U.S. Supreme Court, which has raised concern among the pro-life movement nationally. For being a veteran of Washington politics, Kagan has an elusive political record. With no previous experience as a judge, it is difficult to show the public how she will behave as a Supreme Court Justice. However, she does have a significant record of working for pro-abortion supporters, has voiced opposition over pro-life initiatives, and expresses admiration for judges who would rather advance social policy rather than use the rule of law. Below are several points of concern regarding Elena Kagan’s pro-abortion ties and the risk she poses in becoming an activist judge:
Ø Kagan clerked for Justice Thurgood Marshall
Ø Kagan served as special counsel to the Senate Judiciary Committee on Ruth Bader Ginsburg's nomination to the Supreme Court
Ø Kagen served as Deputy Director of the Domestic Policy Council under President Clinton [and his pro-abortion administration].
Ø At the time of her appointment to Solicitor General, concerns were expressed that Kagan would support public funding of abortion and would not defend restrictions on abortion such as parental notification statutes (as reported by the LA Times, May 3, 2009).
Ø LifeNews.com reports that Kagan “publicly and repeatedly” criticized the first Bush Administration’s prohibition against Title X family planning funds – taxpayer dollars – from being used to counsel women to get abortions, arguing that such prohibitions amount to the “subsidization of ‘anti-abortion’ speech.”
Ø Kagan’s comments on the Title X issue suggest that she does not adhere to the Supreme Court’s repeated rulings that government can prefer childbirth over abortion and promote it with the allocation of public funds. (It should be remembered that the Rust v. Sullivan decision that upheld the constitutionality of these Title X restrictions was even supported by pro-abortion Justice David Souter).
Ø Kagan’s public opposition to these restrictions is especially troubling following the passage of Federal Health Care Reform.