In a Memo Directed To Bill Clinton, Elena Kagan Supported Partial-birth Abortion Debarment Despite OLC’s Doubts Over Its Constitutionality
May 14th, 2010 - 8:39 pm ICT by Pen Men At Work
May 14, 2010 (Pen Men at Work): While acknowledging American President Barack Obama’s selection of hers for the American Supreme Court, Elena Kagan had characterized the Court’s function as promoting the doctrines of the American constitution by maintaining the governance of law. However, as an advice-giver for the White House on policy matters a few years back, she recommended that the then President Clinton endorse legislation that she was aware was thought to be unlawful by the House’s influential lawyers.
Bruce Reed was White House’s domestic strategy advisor then. Kagan and her chief, Bruce Reed, had jointly produced a memorandum in May 1997. The memo advocated that President Bill Clinton bequeath his endorsement for the measure of partial-birth abortion debarment that was created by the then Senator, Tom Daschle. The memorandum explicated that the endorsement was essential to steer clear of the enactment of a severer GOP measure over Clinton’s veto. Their memo of 1997 has now acquired the concentration of pro-abortion organizations, which are apprehensive that it signifies a readiness on Kagan’s part to gradually weaken, Roe v. Wade.
What hasn’t achieved so much concentration is Kagan’s endorsement of the measure even though she was aware that the Justice Department’s Office of Legal Counsel (OLC) supposed that the measure, and a comparable proposal from Sen. Diane Feinstein, contravened the American Constitution.
Nonetheless, Kagan and Reed inscribed in their memorandum that they advocate that President Clinton approve the Daschle amendment in order to maintain his integrity and authority and to thwart Congress from superseding his veto. In other words, Kagan seems to have appreciated Clinton’s reliability and a probable political triumph over faithfulness to the American Constitution.
For sure, Kagan may herself have differed from the OLC’s assessment of the amendment’s legality. Nonetheless, it is arresting that she took such a carelessly unconcerned viewpoint on the OLC’s responsibilities in the White House.
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