Before the Senate Judiciary Committee a short time ago, Supreme Court nominee Elena Kagan appeared reluctant to admit that she wrote a 1996 Clinton White House memo aimed at altering a key medical group’s opinion of whether partial birth abortion is medically necessary. The memo, reported yesterday by National Review, has caused a stir in conservative circles because it appeared that Kagan, then a White House policy aide, put words in the medical group’s mouth in order to soften its position on the controversial procedure. But when Republican Sen. Orrin Hatch brought the subject up with Kagan, he had a hard time getting her to admit that she did, in fact, write the document in question.
“Did you write that memo?” Hatch asked.
“Senator, with respect,” Kagan began, “I don’t think that that’s what happened — ”
“Did you write that memo?”
“I’m sorry — the memo which is?”
“The memo that caused them to go back to the language of ‘medically necessary,’ which was the big issue to begin with — ”
“Yes, well, I’ve seen the document — ”
“But did you write it?”
“The document is certainly in my handwriting.”
Although Kagan later explained her thinking in the memo — she said she was only trying to help the medical group express its true opinion — and it was clear that she did write the memo, she looked slippery in her attempt to avoid openly admitting that she did so. That won’t sit well with skeptical senators.
