Kagan supported Daschle’s phony late-term abortion ban in ‘97 

Via Jennifer Rubin and Allahpundit, the AP reports that in 1997, Elena Kagan, then a presidential adviser, encouraged President Clinton to support Tom Daschle’s bill “that would have banned all abortions of viable fetuses except when the physical health of the mother was at risk.”

So, will the left begin shrieking with outrage? Maybe–but only for the sake of kabuki theater. The Daschle late-term abortion ban was a sham all along, as theNational Right to Life Committee pointed out:

Another “phony ban” substitute amendment proposed in the past by Senator Tom Daschle (D-SD) and Richard Durbin (D-Il.) would not affect the typical partial-birth abortions performed in the late second trimester.  Even in the seventh month and later, the substitute would permit abortions based on any degree of “risk” of “grievous injury to her physical health.”  Dr. Warren Hern, a leading practitioner of very late abortions who wrote the textbook Abortion Practice, commented on the Daschle amendment, “I say every pregnancy carries a risk of death,” and therefore, “I will certify that any pregnancy is a threat to a woman’s life and could cause ‘grievous injury’ to her ‘physical health.’” (in USA Today andWashington Times, both May 15, 1997)

More to the point: the Daschle ban was a sham because any abortion law that would limit the “health” exception to physical health would be struck down by the Supreme Court.

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John McCormack

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