Wednesday, June 30, 2010

The document is certainly in my handwriting

Kagan, on being asked if she wrote a memo helping defend passing partial birth abortion, says in response, "The document is certainly in my handwriting," rather than "Yes." Read about it at Powerline:

So Kagan set about solving the problem. Her notes, produced by the White House to the Senate Judiciary Committee, show that she herself drafted the critical language hedging ACOG's position. On a document [PDF] captioned "Suggested Options" -- which she apparently faxed to the legislative director at ACOG -- Kagan proposed that ACOG include the following language: "An intact D&X [the medical term for the procedure], however, may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman."
Kagan's language was copied verbatim by the ACOG executive board into its final statement, where it then became one of the greatest evidentiary hurdles faced by Justice Department lawyers (of whom I was one) in defending the federal ban. (Kagan's role was never disclosed to the courts.)
Looks like she's following Sotomayor's footsteps. Lie. 

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