Why Kagan Can’t Stop Pro-Life Progress

June 30, 2010 at 5:57 PM Leave a comment

June 30, 2010

We ask you to take a moment to read about Supreme Court nominee Elena Kagan’s flagrant disregard for life, law and science, and then read on about why significant pro-life progress cannot and will not be stopped.

How Kagan Manipulated Medical Evidence

It has come to light that while working for the Clinton administration, Elena Kagan actually manipulated a statement of a national medical organization to protect the gruesome atrocity of partial-birth abortion.

In a 1996 memo, Kagan identified as “disastrous” the original ACOG statement which said that the organization of ObGyns “could identify no circumstances under which this procedure . . . would be the only option to save the life or preserve the health of the woman.”

Crossing every boundary between science and politics, Kagan took the shockingly brazen action of actually proposing a rewrite of the ACOG statement to read that partial-birth abortion “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman.” The notoriously left-leaning ACOG accepted Kagan’s re-write on behalf of the Clinton administration.  This deceptive statement was then introduced again and again into evidence during the litigation of over 30 partial birth abortion cases across the nation.

Ultimate Victory Upholding the Partial Birth Abortion Ban

As attorneys, we had to deal with this deceptive evidence in case after case.  Nikolas T. Nikas and Dorinda C. Bordlee actively litigated partial birth abortion cases from 1997 to 2000, including Nikas preparing the Attorney General of Nebraska for oral argument in the Supreme Court.  We then filed an amicus brief in the Supreme Court on behalf of physicians in the federal partial birth abortion case which resulted in the 2007 victory where the Court upheld the federal ban.

Along with other pro-life attorneys, we persevered in presenting accurate medical evidence that partial birth abortion is never medically necessary, as acknolwedged by the AMA .  Kagan’s ACOG statement was ultimately discredited by the Congress and the Supreme Court, yet this is the person who is poised to represent “Justice.”

Why a Justice Kagan Can’t Stop the Culture of Life

Even if Kagan is confirmed as expected by the liberal Senate, there are pro-life victories that she cannot stop.  Remember that Kagan will be replacing another activist Justice – therefore, the votes on the Court are not at this point going to change significantly.  Here’s what you should know:

  • A majority of the Court ruled in the 2007 case of Gonzales v. Carhart that  “Respect for human life finds an ultimate expression in the bond of love the mother has for her child.  The [Partial Birth Abortion] Act recognizes this reality as well.” A Justice Kagan would remain in the minority of that decision, which reaffirmed that legislators may pass laws that promote childbirth over abortion.
  • With your support, Bioethics Defense Fund will continue to draft and help states enact life-saving laws, such as the Ultrasound Before Abortion laws, Obamacare abortion coverage limits, Parental Consent, Woman’s Right to Know, and Healthcare Rights of Conscience protections.
  • Bioethics Defense Fund will continue to lead the way in helping states enact laws that protect the dignity of human life in science, including recently enacted laws that Ban Human Cloning, Ban Human Embryonic Stem Cell Research, Ban Human-Animal Hybrids, and limit the exploitive practice of Egg Harvesting from our healthy college girls.
  • BDF will continue to educate litigators and university/law students on cutting edge life issues.  In the next couple of weeks, Nikolas Nikas will educate attorneys at a Litigation Academy in Chicago, and students at the Phoenix Institute at the University of Notre Dame.
  • And Bioethics Defense Fund will continue consulting with attorneys and representing pro-life physicians and scientists as amici in challenges to:

1) the pro-abortion Obamacare scheme, and

2) the Obama taxpayer funding of destructive human embryo research.

On July 21, 2010, a federal court in Michigan will hear oral arguments to decide whether the individual mandate violates the Commerce Clause.  Bioethics Defense Fund will keep you posted on the case Thomas More Law Center v. Obama, in which we will represent the Catholic Medical Association as amici on appeal.

We will also keep you posted on the case of Sherley v. Sebelius, where a federal appeal court recently upheld the right of adult stem-cell researchers to challenge whether the immoral funding of human embryo destruction is in violation of federal law.

If Kagan is confirmed, she will be considering the merits of these cases.  We can expect her to continue to put ideology first.  But she can expect YOU and BDF to persevere in advocating for the dignity of every human life using accurate medical and scientific facts.  Keeping in mind that Kagan’s ideology was ultimately defeated on the partial-birth abortion issue, we will continue to work toward victory through litigation, legislation and education.

Together, we are hope in action.  Together, we can make a difference.


Nikolas T. Nikas, President and General Counsel

Dorinda C. Bordlee, Vice President, Senior Counsel


Entry filed under: Abortion, Uncategorized. Tags: , , , , .

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