Kagan Memos on Abortion, Religious Rights Released

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Thousands of pages of memos written by Supreme Court nominee Elena Kagan show she has taken positions in the past that lean both left and right.

The 40,000 pages of memos were drafted by Kagan while she served as legal counsel for the Clinton White House.

One memo revealed her arguing that a complete ban on partial birth abortion would be unconstitutional.  Kagan wanted exemptions added to allow partial birth abortion in cases where it was needed to avoid "serious adverse health consequences" for the mother.

She also wrote many documents defending Clinton's sexual harassment scandal.

Yet, the memos do show Kagan occasionally leaned to the right and supported religious freedom issues.

For more analysis on what the memos are revealing, click play for comments from Carrie Severino of the Judicial Crisis Network, following John Waage's report.

Kagan stood by a California landlord who refused to rent to tenants who were unmarried. She also helped draft an executive order giving federal employees the right to express their religion at work.

Sen. Jeff Sessions, the top Republican on the Judiciary Committee responsible for Kagan's confirmation, said it's clear Kagan has "demonstrated both strong liberal views and a willingness to substitute those views for sound legal judgment."

He also feels the documents could have emerged in a more timely manner and fears other records "will not be fully produced in time for the committee to conduct a proper review."

Some 80,000 pages of emails from Kagan have still not been produced.  Kagan's confirmation hearings are set to begin June 28.

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John Waage

John Waage

CBN News Sr. Editor

John Waage has covered politics and analyzed elections for CBN News since 1980, including primaries, conventions, and general elections. 

He also analyzes the convulsive politics of the Middle East.