Americans United for Life: Not the “Roe decision!”

by E. Carroll

-AUL President Yoest released the following statement regarding Elena Kagan’s nomination to the U.S. Supreme Court.

“Elena Kagan has strong ties to abortion-advocacy organizations and expressed admiration for activist judges who have worked to advance social policy rather than to impartially interpret the law. Americans United for Life will oppose President Obama’s attempt to reshape the Court as an activist, pro-abortion institution through which unelected judges will work to impose an out-of-the-mainstream social agenda upon the American people.”

-“President Obama’s choice of Solicitor General Kagan makes it clear that liberal judicial activism will be the impact of this untried and untested judicial pick, leading to unknown consequences for the American people.  The President’s portrayal of Solicitor-General Kagan as mainstream and centrist is inconsistent with Kagan’s own record. She has been an abortion advocate and activist and an apologist for activist judges. Kagan’s confirmation will give us the kind of activist, radical Supreme Court that gave us the Roe decision.”

Yoest made the following comments: “President Obama has chosen another activist who seeks to reshape the traditional understanding of the Constitution to suit her personal views. Kagan has been open in her admiration of activist judges who re-write the law to suit themselves and advocated that judges ‘advance’ social policy rather than faithfully applying the law.

“Today’s AUL analysis shows that Kagan has contributed money to the National Partnership for Women and Families, a pro-choice organization with strong ties to Emily’s List and NARAL. She is an ardent abortion supporter, even arguing the federal government is subsidizing ‘anti-abortion speech’ when, in Title X, the federal government is prohibited from referring women for abortion. Ironically, her free speech sentiments do not extend to critics of aggressive activism. She has referred to those who call for respect and adherence to the Constitution ‘irresponsible’ and asserted that their criticism was ‘harmful to our constitutional system and to the value of a judiciary.

“We know that Kagan embraces judicial activism and abortion-on-demand. It’s how she will turn her views into law that is hidden to the American people. Kagan is a stealth candidate; a woman with an open and extreme philosophy but no track record on how she will implement her own judicial activism. Obama is taking too great a risk with America’s future with the Kagan pick.”

-AUL reports, “In 2006, Elena Kagan, the President’s nominee to the Supreme Court, called Aharon Barak ‘my judicial hero. He is the judge who has best advanced democracy, human rights, the rule of law, and justice.’”

-“Americans United for Life filed an amicus brief in the Second Circuit Court of Appeals on behalf of leading medical organizations defending a New York nurse’s freedom to object to the participation in abortion for reasons of conscience.”

-“Elena Kagan has extensively criticized the Supreme Court decision in Rust v. Sullivan,[1] where the Court upheld the constitutionality of Dept. of Health and Human Services’ regulations that prohibit Title X family planning funds from being “used in programs where abortion is a method of family planning.”  This prohibition also applies to promoting and counseling on abortion.”

-AUL President Yoest released the following statement: “President Obama’s executive order on taxpayer-funded abortion has always been a smokescreen. Now, the Secretary Sebelius letter demonstrates that the Administration has no intention of implementing the EO. We appreciate Leader Boehner’s effort today to raise the issue. That’s why we are working with 29 states to advance opt-out legislation.”’s-letter-from-leader-boehner-to-secretary-sebelius/

-“While serving as a clerk for Justice Thurgood Marshall on the United States Supreme Court in October 1987, Elena Kagan wrote a memo arguing that “all religious organizations should be off limits” from receiving federal funding to support projects authorized by the Adolescent Family Life Act (including pregnancy testing, adoption counseling and referral services, prenatal and postnatal care, educational services, residential care, child care, consumer education, etc.) because those projects are “so close to the central concerns of religion.”[1]

“The Supreme Court rejected Kagan’s position in Bowen v. Kendrick.[2] In Bowen, the Supreme Court reversed the district court’s ruling that federal grants to religious organizations under the Adolescent Family Life Act (AFLA) violated the Establishment Clause of the First Amendment.  Notably, Justice Marshall dissented.”

-“Americans United for Life (AUL) was victorious in the passage of SB 793, a Missouri bill which will prohibit insurance plans participating in new state health insurance exchanges from providing abortion coverage.  The bill also enhances the state’s existing informed consent law to ensure that women receive essential information about health risks and alternatives before choosing abortion.”

-“Senator Barbara Boxer (D-CA), a staunch abortion advocate, voiced support for Kagan- “I have no reason to think anything else except that [Kagan] would be a very strong supporter of privacy rights because everyone she worked for held that view.”[1] (“Privacy rights” is the euphemism under which Justice Blackmun imposed a right to abortion on America in Roe v. Wade.)”


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