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Kagan ‘More Radical’ than Supreme Court on Abortion

American United for Life President & CEO Dr. Charmaine Yoest testified tonight before the Senate Judiciary Committee that Supreme Court nominee Elena Kagan’s statements show she is "more radical" than the Supreme Court has ever been on the issue, and would eliminate all restrictions on abortion that have been approved by voters and legislators.

"Her record demonstrates a commitment to advancing an abortion regime with no restrictions and a particular hostility to abortion regulations," Yoest told the committee.

"During Elena Kagan’s service in the Clinton White House she urged the President to oppose any meaningful restrictions on partial-birth abortion arguing in a memo that even a weak ‘ban’ was ‘unconstitutional …’

"Kagan argued that any partial-birth abortion ban that extended to pre-viability abortions for any reason was unconstitutional.

"In contrast, the Supreme Court upheld the Partial Birth Abortion Ban in Gonzales v. Carhart; over ten years after Kagan advised President Clinton that his much weaker proposal was unconstitutional.

"Our concern is not simply that Elena Kagan will be another judge who supports upholding Roe v. Wade.   Rather, we are concerned that even the most widely-accepted regulations on abortion will not withstand her review.

"Our concern about the future of these laws only deepened during Kagan’s testimony.  During an exchange with Senator Diane Feinstein, Kagan stated that the Doe v. Bolton health exception applies to all abortion regulations. …

"Kagan’s view is more radical than what the Supreme Court has required even prior to the Gonzales decision.  Laws that are supported by a majority of Americans – parental involvement, informed consent, abortion funding, fetal pain, late-term procedures, abortion clinic regulations and more  — all these have been upheld without Doe’s unlimited ‘health’ exception."

Read Yoest’s entire testimony on the AUL Blog.

Written By

Mary Harned serves as Of Counsel at Americans United for Life (AUL).

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