.- In Tuesday confirmation hearings, Supreme Court nominee Elena Kagan has confirmed her belief that past high court decisions require that any state regulation of abortion protect the âhealthâ of women seeking abortions. One pro-life group objected that this exception constituted a âmassive loopholeâ barring most regulation of the procedure.
Sen. Diane Feinstein (D-Calif.) brought up abortion jurisprudence in the confirmation hearing on Tuesday.
âDo you believe the constitution requires that the health of the mother be protected in any statute restricting access to abortion?â the Senator asked.
Kagan replied that the âcontinuing holdingâ of Roe v. Wade and Doe v. Bolton was that âwomenâs life and womenâs health have to be protected in abortion regulation.â
Dr. Charmaine Yoest, president and CEO of Americans United for Life, claimed the nominee reaffirmed her support âfor the benefit of her supporters in the abortion lobbyâ and for abortion without âlimitations or restrictions.â
According to Yoest, the American people do not support Kaganâs âout of the-mainstream positionâ and do not want a judge who âhas already pre-judged the issue.â Recent polling data shows that more Americans are choosing to describe themselves as pro-life.
AUL argues that under the legal framework created by Roe and Doe, an abortionist can offer âany reason imaginableâ to justify performing an abortion at any time during a womanâs pregnancy.
However, the Supreme Court decision Gonzales v. Carhart upheld a partial-birth abortion restriction without the âmassive loopholeâ and arguably narrowed the health exception created in Doe.
In AUL's view, this means that abortion law is confused and âfar from settled.â
âThe fact that Kagan believes that the Roe / Doe health exception still applies unchanged to all laws pertaining to abortion indicates that she has not changed from the passionate ideologue who advocated against meaningful regulations of abortion while working for President Clinton,â the pro-life group commented in a statement.
AUL reported that during her time in the White House as an advisor to President Bill Clinton, Kagan sought a health exception that went further than the one required in Doe and took a position that would âdrasticallyâ undermine the ability of state and federal legislators to pass âmeaningfulâ regulations of abortion.