Slate columnist William Saletan—who is pro-choice but writes intelligently on issues of bioethics, including abortion—has an interesting piece on Elena Kagan and the (now infamous) work as White House counsel she did in crafting language that was later cited as scientific evidence for upholding partial-birth abortion.
Here is the conclusion of Saletan’s piece:
All of us should be embarrassed that a sentence written by a White House aide now stands enshrined in the jurisprudence of the Supreme Court, erroneously credited with scientific authorship and rigor. Kagan should be most chastened of all. She fooled the nation’s highest judges. As one of them, she had better make sure they aren’t fooled again.
Saletan also writes:
At the hearing, Kagan said ACOG had told her that intact D&X “was in some circumstances the medically best procedure.” But that doesn’t quite match her 1996 memo about her meeting with ACOG. In the memo, she wrote that
we went through every circumstance imaginable—post- and pre-viability, assuming malformed fetuses, assuming other medical conditions, etc., etc.—and there just aren’t many where use of the partial-birth abortion is the least risky, let alone the “necessary,” approach. No one should worry about being able to drive a truck through the President’s proposed exception; the real issue is whether anything at all can get through it.
