By Susan Brinkmann, OCDS
Staff Journalist
A complaint has been filed against U.S. Supreme Court nominee Elena Kagan asking that she be disbarred for her role in falsifying an expert medical report regarding partial birth abortion.
Larry Klayman, the founder of corruption watchdog Judicial Watch and now Freedom Watch public interest law groups, has filed a complaint before the U.S. Supreme Court at the behest of pro-life organization Declaration Alliance, asking that the high court disbar Elena Kagan.
Kagan, while she was an Associate White House Counsel in the Clinton administration, falsified an expert medical report, prepared by the American College of Obstetricians and Gynecologists (ACOG). In this report, ACOG had originally found that partial birth abortion was in fact not medically necessary to save the life of a woman, but Kagan changed the report’s finding to say that it was an appropriate procedure under some circumstances. This altered report was then relied upon by the U.S. Supreme Court in striking down legislation banning partial birth abortion.
In filing the complaint, Klayman issued the following statement:
“Elena Kagan, a nominee to the U.S. Supreme Court, has defrauded the U.S. Supreme Court. As a result, her membership to practice before the Court should be revoked and the matter referred to the Criminal Division of the Justice Department. How, then can Ms. Kagan be confirmed by the U.S. Senate for a seat on the high court, when in reality she should not even be allowed to practice in front of it? The rules of legal ethics require her disbarment and I intend to pursue it, to set an example that prospective and sitting judges, or anyone in the legal profession or otherwise, are not above the law.”
Klayman is one of many who is voicing their opposition to Kagan’s nomination. Sen. Lamar Alexander, (R-TN) recently joined with other top Republican leaders in opposition to Kagan. He joins Minority Leader Mitch McConnell of Kentucky, Minority Whop Jon Kyl of Arizona, Senate GOP elections chief John Cornyn of Texas and Senate Judiciary Committee ranking member Jeff Sessions of Alabama in opposing her nomination.
Opposition to Kagan is mounting, and is causing Senate Majority Leader Harry Reid (D-NV) to push for a vote as soon as possbile. According to The Hill, “Democratic leaders plan to open debate on the Kagan nomination late Tuesday or Wednesday, which would allow just three days of debate … or possibly less, if senators hope to leave on Thursday night, as they typically do.”
Sen. Jeff Sessions told The Hill Reid’s rush tactic “may be an attempt to compact the nomination so the American people aren’t as able to be attuned to what’s occurring. The nominee isn’t particularly popular with the American people. So maybe they want to force it through. It’s not good.”
Sessions also said he knows of several moderate Democrats who are “uneasy” about Kagan and who may decide to oppose her if given the chance to hear from their constituents during the August recess.
Sen. Ben Nelson (D-NB)has already announced that he will be break with his party and vote against her.
However, as it stands now, Kagan is believed to have enough votes to be confirmed.
More details about Ms. Kagan’s misconduct can be found in a report prepared by the Americans United for Life Action.
Concerned citizens are being asked to contact their Senators about Elena Kagan as soon as possible.
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