Life Advocacy Briefing

August 8, 2010

Kagan Vote Imminent / Koop Weighs In on Kagan / Calls Needed on ‘Burris,’ Too /
New, Comprehensive ‘Hyde’ Amendment Filed / End Federal Abortion Funding Now! / Christie Stands / Tiller Associate Under Disciplinary Action / Getting Out the Truth about Ella / Live Up to Your Word! / Appeal for Rejection of Kagan

Kagan Vote Imminent

THE SENATE IS LIKELY TO VOTE ON THE KAGAN NOMINATION this week, probably Thursday, according to a key Capitol Hill aide, before fleeing Washington for the August campaign recess.

The Ranking Member of the Senate Judiciary Committee, Sen. Jeff Sessions (R-AL), last week complained that Elena Kagan’s answers to the committee at her confirmation hearing “included ‘political spin,’” reports “‘Throughout her career,’” Sen. Sessions said in the WND report, “‘Ms. Kagan has placed her politics above the law. She has never been a judge, never tried a case before a jury and has practiced law for only three years.’ … [Sen.] Sessions,” reports WND, “described her as the least experienced nominee in 50 years.

“He also pointed out she was a key part of efforts to allow unlimited ‘partial-birth’ abortions,” writes WND, “and she worked to limit gun rights, in addition to her work to expand the rights of homosexual activists.”

Still, as of press time, four GOP Senators had signaled their intention to vote for the Supreme Court nominee, jeopardizing hopes for a filibuster to block the radical nomination. Senators may be contacted via the Capitol switchboard at 1-202/224-3121 or by electronic mail through


Koop Weighs In on Kagan

FORMER SURGEON GENERAL C. EVERETT KOOP HAS SENT AN OPEN LETTER to the American people urging a Senate vote against confirming Elena Kagan as a Supreme Court justice. We publish his letter at the close of this Life Advocacy Briefing.


Calls Needed on ‘Burris,’ Too

THIS IS NO TIME TO LET UP PRESSURE ON SENATORS to strip the Burris Amendment forcing abortions on US military facilities out of the Defense Authorization bill.

Since Senate Majority Leader Harry Reid (D-NV) appears to be loading the pre-recess calendar with controversial issues, we cannot assume the Defense bill will not come to a vote during this busy week.

Again, the Capitol switchboard number is 1-202/224-3121, and electronic mail can be sent through the Senate’s Internet website at


New, Comprehensive ‘Hyde’ Amendment Filed

THE ‘NO TAXPAYER FUNDING FOR ABORTION ACT’ was introduced last Thursday night by Rep. Chris Smith (R-NJ) and Rep. Dan Lipinski (D-IL). The bill, numbered HR-5939, is being co-sponsored by 155 Members, including 17 Democrats and 138 Republicans, not including the two chief sponsors.

Readers are urged to contact their US Representatives and ask them to sign on as co-sponsors if they’ve not already done so. Here’s a hint – the following Members voted for the Stupak/Pitts/Hyde Amendment to prevent ObamaCare from subsidizing abortionists but have not yet signed up for Smith/Lipinski: Republican Representatives Young (AK); Flake (AZ); Bono-Mack, Calvert, Dreier, Lewis, Nunes, Rohrabacher & Royce (CA); Castle (DE); Mack, Miller, Putnam, Rooney & Young (FL); Simpson (ID); Biggert & Kirk (IL), Heller (NV); Frelinghuysen, Lance & LoBiondo (NJ); Latham (OH); Lucas (OK); Walden (OR); Dent & Gerlach (PA); Paul (TX); Chaffetz (UT); Hastings & Reichert (WA); Capito (WV); and Petri (WI).

Also Democratic Members Davis (AL); Berry, Ross & Snyder (AR); Baca, Cardoza & Costa (CA); Salazar (CO); Barrow & Bishop (GA); Hill (IN); Chandler (KY); Melancon (LA); Michaud (ME); Lynch & Neal (MA); Kildee & Stupak (MI); Skelton (MO); Teague (NM); Etheridge & Shuler (NC); Pomeroy (ND); Boccieri, Driehaus, Kaptur, Ryan, Space & Wilson (OH); Altmire, Carney, Doyle & Holden (PA); Langevin (RI); Spratt (SC); Cooper, Gordon & Tanner (TN); Cuellar, Reyes & Rodriguez (TX); Matheson (UT); Perriello (VA); Mollohan (WV); and Obey (WI).


End Federal Abortion Funding Now!

A DOZEN SENATORS LAST WEDNESDAY SENT A LETTER to Health & Human Services (HHS) Secretary Kathleen Sebelius giving her two days to respond to their “request” for her “immediate assistance to ensure that federal dollars will not be used to pay for elective abortions.”

The letter was prompted by a report released July 23 by the Congressional Research Service which, writes Kathleen Gilbert for, “has confirmed that the structures created under the new federal healthcare bill will in fact fund abortions with federal dollars.”

The research report concluded specifically, reports Ms. Gilbert, that the “decades-old [Hyde] amendment, which is currently in effect under the appropriations measure for the Departments of Labor, HHS & Education, ‘would not seem to apply to the funds provided for the high-risk pools,’” despite constant, unsubstantiated assurances from the Obama Regime and its Congressional fellow travelers that the Hyde Amendment would shield taxpayers from complicity in abortion under the massive ObamaCare measure.

Sen. Mike Enzi (R-WY), Ranking Member of the Senate Committee on Health, Education, Labor & Pensions, was joined on the letter by GOP Senators Lisa Murkowski (AK), Jon Kyl (AZ), Charles Grassley (IA), Mike Johanns (NE), Richard Burr (NC), Tom Coburn (OK), John Thune (SD), Lamar Alexander (TN), John Cornyn (TX), Orrin Hatch (UT), John Barrasso (WY) and Senate Minority Leader Mitch McConnell (KY). We publish the letter near the close of this Life Advocacy Briefing.


Christie Stands


His message came in the form of a veto of PP’s attempt at restored funding. The legislature had passed a separate bill to hand over $7.5 million in New Jersey taxpayer funds to the abortion leviathan, after Gov. Christie had taken his budget ax to the Planned Parenthood line item during his budget review process shortly after taking office.

It was the separate bill that Mr. Christie just vetoed. Family Research Council’s Tony Perkins, writing in the July 26 Washington Update, characterized the move as “prov[ing] fiscal responsibility and moral responsibility go together like salt-water taffy and the Jersey shore.”

“The governor understands,” remarks Mr. Perkins, “using tax dollars to prop up a billion-dollar industry is irresponsible even during flush times, let alone today.”


Tiller Associate Under Disciplinary Action

OPERATION RESCUE’s CONTINUED PRESSURE against the abortionist who abetted the late, notorious George Tiller in Wichita, Kansas, is beginning to bear fruit, according to an OR news release.

The Kansas Board of Healing Arts has filed a disciplinary petition, reports OR, “recommending that abortionist Ann Kristin Neuhaus be disciplined for negligence and violations of the Healing Arts Act for late-term abortion referrals she made to George Tiller in 2003.”

OR has waited a long time for this response to its complaint filed in October 2006 and amended in February 2007. OR senior policy advisor Cheryl Sullenger, listed as the complainant, was notified July 21 that the petition had gone forward and that “an evidentiary hearing will soon be scheduled,” potentially leading to revocation of Ms. Neuhaus’s medical license.

Ms. Neuhaus had referred the 11 “patients” in question to Mr. Tiller “for post-viability abortions based on mental health concerns,” reports OR, “between July and November 2003. … [The] patients range in age from 10 to 18 years old [carrying babies] with gestational ages between 25 and 29 weeks.”

Commented Ms. Sullenger in the release: “‘We wish that this petition had been filed years ago, when our complaint was first made, but are thankful for the Board’s willingness to pursue this matter against an abortionist who has been illegally operating for years in a manner that has endangered the lives of women and cost the lives of viable babies that the laws of Kansas were enacted to protect.’”


Getting Out the Truth about Ella

STUDENTS FOR LIFE OF AMERICA HAS LAUNCHED AN INTERNET WEBSITE at to publish truth about “Ella,” the new abortifacient contraceptive pill recently recommended for approval by a key advisory committee to the Food & Drug Administration (FDA).

The website represents a coalition of pro-life organizations including Concerned Women for America, Family Research Council and Life Issues Institute.

A visitor to the site will first encounter a petition to the President and the Secretary of Health & Human Services, outlining the truth about “Ella” and asking them to block FDA approval. Other pages on the site feature a science/myth v. fact page, a news release compilation and a “testimonials” page, on which is posted the following first-person account, signed by a contributor named “Addie:”

“Growing up in a Christian home, I always knew abortion was wrong. I knew that doctors will try to say in the early stages that it is not really a baby, but it is.

“I really found this out when my mom had two miscarriages. One was at eight weeks and one was at seven. She had been wanting to get pregnant and was on fertility drugs. The fertility drugs had progesterone, which my mom naturally lacked the right amount of. When she was tested, her levels were fine, and then they dropped when the drug wore off. I was around 11 and 12 at these times.

“We were able to see the small baby. The doctors are wrong – it is a baby and always was.

“Later my mom was able, with the help of taking progesterone, able to have my two younger brothers. We almost lost them the same way.

“So when I read about ‘Ella,’ I was appalled, because I felt like it was taking a part of my past that caused my family a lot of pain and using it to kill babies. When this happens naturally, it is a tragic thing, but using this as a way to kill human life is awful.

“I signed the petition and hope that it [Ella] will never be used. This is an awful thing. Feel free to share my story, because I don’t think people understand how hard it is when someone is trying to have a baby and has problems and then people manipulate those problems to end lives.”


Live Up to Your Word!

Text of letter from 13 Senators to Secretary Sebelius pursuant to Congressional Research Service report on abortion subsidies in ObamaCare

We request your immediate assistance to ensure that federal dollars will not be used to pay for elective abortions.  A new report prepared by the non-partisan Congressional Research Service (CRS) confirms our concern that the Patient Protection & Affordable Care Act (PPACA) lacks any restrictions prohibiting states from using federal funding to pay for abortions in the newly created Pre-Existing Condition Insurance Plans. The report also highlights steps you should take to prevent this inappropriate use of federal dollars and uphold the President’s promise that no federal taxpayer funds will be used to pay for elective abortions. We urge you to take these actions as soon as possible.

According to CRS, neither the restrictions in PPACA, the Presidential Executive Order 13535 nor the recently released Dept. of Health & Human Services contract materials actually prohibit a state high-risk pool from covering elective abortions. The report notes abortion restrictions in Section 1303 of PPACA as well as the President’s Executive Order from March 24th of this year, fail to address high-risk pools and the $500 billion in funding provided for their operation.

The report also notes that the solicitation for proposal and model contracts issued by your department “contain no specific language with respect to coverage of any particular health services or procedures, including elective abortions.” The report further notes that current HHS regulations that restrict the availability of federal funds for elective abortion “would also not appear to apply to the funds appropriated under section 1101(g)(1).”

We were pleased to see recent press statements by HHS staff indicating that elective abortion services will not be included in this federal program, which is 100% federally funded, in any state. However, the Department’s press release and related comments on this matter do not have the force of law and will prohibit the use of funds for these services. We are, therefore, especially troubled by recent press reports indicating that several states intended to cover elective abortions in this federal program within their respective states.

The CRS report suggests that the Secretary of HHS has the authority to issue regulations prohibiting federally funded high-risk pool plans from covering elective abortions. We urge you to act immediately to prohibit all states operating Pre-Existing Condition Insurance Plans from covering elective abortions. Absent such contractual requirements, it will be necessary for Congress to modify the current law to include restrictions to prevent federal dollars from being used to provide such coverage. We request that you identify the specific actions and timeline you will take to address these concerns by July 30, 2010.


Appeal for Rejection of Kagan

‘Open Letter to the American People’ from C. Everett Koop MD, Surgeon General of the United States Public Health Service, 1981-1989

For many years, before, during and after my service as Surgeon General of the United States, I’ve been known for presenting my unvarnished opinion on medical matters, regardless of the views of political parties or outside influences. The time has come for me to do so again.

I was deeply disturbed to learn that Elena Kagan, the nominee for Supreme Court … , manipulated the medical policy statement on partial-birth abortion of a major medical organization, the American College of Obstetricians & Gynecologists (ACOG) in January 1997.

The problem for me, as a physician, is that she was willing to replace a medical statement with a political statement that was not supported by any existing medical data. During the partial-birth abortion debate in the 1990s, medical evidence was of paramount importance.

Ms. Kagan’s amendment to the ACOG Policy Statement – that partial-birth abortion “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of a woman” – had no basis in published medical studies or data.

No published medical data supported her amendment in 1997, and none supports it today. Indeed, there was, and is, no reliable medical data that partial-birth abortion is safe or safer than alternative medical procedures. There are other medical options.

In my many decades of service as a medical doctor, I have never known of a case where partial-birth abortion was necessary in place of a more humane and ethical alternative. Not only have I never seen such a case, but I have never known of any physician who had to do a partial-birth abortion – nor have I ever met a physician who knew of anyone who had to perform one out of medical necessity. In fact, partial-birth abortion has risks of its own and could injure a woman.

Medical science should not have been twisted in 1997 for political or legislative gains.  Ms. Kagan’s political language, a direct result of the amendment she made to ACOG’s Policy Statement, made its way into American jurisprudence and misled federal courts* for the next decade.

She misrepresented not only the science but also misrepresented her role in front of your elected representatives in the United States Senate.

This is unethical, and it is disgraceful, especially for one who would be tasked with being a measured and fair-minded judge.

Americans United for Life Action [] has released a thorough and comprehensive report on this matter, a report that provides substantive evidence of Ms. Kagan’s actions in this matter. I ask that Senators and the American people give this report their most serious consideration.

I urge the Senate to reject the politicization of medical science and vote “no” on the Kagan nomination.

*Life Advocacy Briefing editor’s note: The exact language by which Ms. Kagan altered the ACOG statement was cited by the US Supreme Court in striking down the first Partial-Birth Abortion Ban Act, necessitating further legislative and judicial battles until the horrific “procedure” was finally outlawed in federal jurisdictions.

Permission granted to quote with attribution. Reproduction rights granted only by express authorization.