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Kagan supported cloning of human embryos for research
Americans United for Life ^ | 6/10/2010 | AUL

Posted on 06/10/2010 9:33:48 AM PDT by jeffq73

AUL's Kagan File: The "Human Cloning" Memo

MEMORANDUM

TO: [Undisclosed Parties]

FROM: Americans United for Life Legal Team

DATE: June 9, 2010

RE: Elena Kagan File: Advocated Cloning Humans for Research

Backgrounder:

During the time that Elena Kagan served as a top domestic policy advisor for President Bill Clinton (1997-1999), she played a key role in shaping and executing the President’s response to the development of new cloning technology. Memoranda and emails released by the William J. Clinton Presidential Library on Friday document Kagan’s involvement in crafting an anti-life position and legislative proposal.

In a May 29, 1997 memo to the President, Kagan and Jack Gibbons (Assistant to the President for Science and Technology) recommended: “(1) that [the President] support domestic legislation banning human cloning, and . . . announce specific legislation at the top of your June 10th press conference; and (2) that the U.S. support the gist of France's proposed cloning paragraph [in the G-8 Communiqué] while insisting on critical modifications.”[1] However, as the memo explains, Kagan’s “ban” on cloning only banned the use of cloning aimed at the live-birth of a baby, not at cloning that takes human life.

A June 3, 1997 memo to the President from Todd Stern (Staff Secretary) and Phil Caplan (Assistant to the President), which was submitted along with Kagan’s memo, clarified that the proposed ban should allow the cloning of human embryos for experimentation. With a check mark, President Clinton indicated his approval of the recommendation by “Jack/Elena . . . that you announce your support for NBAC-type[2] legislation and that you propose specific legislative language”.[3]

In a follow-up June 8, 1997 memo to the President, Kagan and Gibbons further clarified that “NBAC's proposed legislation --and, as currently drafted, your bill --would not ban the creation of cloned embryos for research purposes.”[4] On the same day, Stern drove that home once again in bold-face type, writing: “[t]he attached Kagan/Gibbons memo recommends that you follow NBAC in not banning the cloning of embryos for research.”[5]

The cloning of human embryos creates living human beings in the earliest stage of development. “Using them for research” means they will be “disaggregated” and killed as part of the research. By endorsing such practices, Kagan demonstrated her disrespect for unborn human life.

Kagan’s involvement in cloning policy was not limited to writing memos. Over the course of several months, she was in frequent dialogue with other administration officials about the content of Clinton’s legislative language, which Congressional proposals they should support or oppose, and how much they could work with Senate Republicans. While most of the emails in the file are written to Kagan, it is clear that she led an administration cloning meeting in March 1998 and was asked to provide specific advice about the President’s legislation and Statements of Administration Policy (SAP).

The Administration’s position, which Kagan was deeply involved in constructing, is unethical and would be more accurately characterized as “pseudo-science”. While Kagan and the Clinton administration tried to create a distinction between cloning humans to be used in research and cloning humans for live-birth, there are not two distinct forms of human cloning. These are simply two rationales for the same scientific procedure, known as “somatic cell nuclear transfer.”

Kagan and Gibbons stated in a memo that they saw “no moral rationale for treating embryos created through cloning differently from embryos developed through other means (e.g. in vitro fertilization) when embryos are used solely for research.”[6] While the life-affirming response to this would be to ban the destruction of all human embryos for research, they worry instead that halting such destruction might inhibit research.[7] In other words, they put pragmatism over ethics, willing to sacrifice human life in the pursuit of other goals.

Conclusion:

Kagan’s disregard for the value of human life at its most vulnerable stage creates concerns about how she will consider common sense abortion regulations and other cases that will come before the Court. First, it shows she is deeply hostile to protecting the unborn, even when abortion is not an issue. Second, when combined with other statements and writings that reveal her judicial philosophy and her views on the constitutionality of regulations that protect unborn life, her views raise concerns about whether she believes federal restrictions on funding for embryonic stem cell research or cloning, or bans on these procedures, at the state or national level, are constitutional.


[1] NLWJC – Kagan; DPC - Box 006 - Folder 019; Cloning [2], Page 46, available at http://www.clintonlibrary.gov/KAGAN%20DPC/DPC%205-17/DOMESTIC%20POLICY%20COUNCIL%20BOXES%205-30_Part35.pdf

[2] Kagan and Gibbons’ cloning policy and legislative recommendations were based in part on the recommendations of the National Bioethics Advisory Committee (NBAC), which was established by President Clinton.

[3] Id. at 45.

[4] Id. at 51.

[5] Id. at 49.

[6] Supra note 1, at 51.

[7] Id.


TOPICS: Breaking News; Government; News/Current Events
KEYWORDS: abortion; abortions; cloning; kagan; kagantruthfile; moralabsolutes; prolife; scotus
The rest of AUL's legal research on the nomination of Elena Kagan can be found at SCOTUS.aul.org.
1 posted on 06/10/2010 9:33:48 AM PDT by jeffq73
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To: jeffq73

Those with no respect for life would probably support doing research on live babies.


2 posted on 06/10/2010 9:41:05 AM PDT by GeronL (Political Correctness Kills)
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To: GeronL

I’ve come to the conclusion that the republicans have to fight everything that this congress is involved in.

Nothing is too small to fight against. The more the fight the slower the progress that the dems can make doing anything.

I do care about Kagan, but even if I didn’t they should fight her nomination. We all know Obama would never select anyone who was moderate.

Fight on Republicans.


3 posted on 06/10/2010 9:55:09 AM PDT by luckystarmom
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To: jeffq73

hey Elana Kagan does United Nations international Human Rights Laws supercedes America constitution laws ?


4 posted on 06/10/2010 9:58:33 AM PDT by day21221
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To: jeffq73
It is the complete destruction of the whole meaning of law that a person would be appointed to the role of an impartial judge, who is the most extremely biased partisan activist imaginable. What does law mean to anyone if someone like this can sit on a bench? Why would anybody respect the so-called law, as she judges it to be? The entire judicial system risks falling into total contempt and the country, as a consequence, into chaos.
5 posted on 06/10/2010 9:58:49 AM PDT by Missouri gal
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To: jeffq73

BLOCK THE B!TCH!

LLS


6 posted on 06/10/2010 10:05:47 AM PDT by LibLieSlayer ( WOLVERINES!)
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To: jeffq73; All
Elena Kagan and her Socialist 'hero' Cass Sunstein

From David Horowitz's
FrontPageMag.com/DiscoverTheNetworks.org

PROFILE: ELENA KAGAN

When it was announced in 2008 that Cass Sunstein would be joining the Harvard Law School faculty, Kagan said:

"Cass Sunstein is the preeminent legal scholar of our time -- the most wide-ranging, the most prolific, the most cited, and the most influential. His work in any one of the fields he pursues -- administrative law and policy, constitutional law and theory, behavioral economics and law, environmental law, to name a non-exhaustive few -- would put him in the very front ranks of legal scholars; the combination is singular and breathtaking."

http://www.discoverthenetworks.org/individualProfile.asp?indid=2398
_________________________________________________

Image and video hosting by TinyPic

From David Horowitz's
FrontPageMag.com/DiscoverTheNetworks.org

PROFILE: CASS SUNSTEIN


7 posted on 06/10/2010 10:20:45 AM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: ETL
Kagan's actual judicial hero (in her own words) is Aharon Barak, former President of the Israeli Supreme Court. He is much scarier than even Sunstein.

More on him can be found here or at http://scotus.aul.org.

8 posted on 06/10/2010 10:37:39 AM PDT by jeffq73
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To: jeffq73

Folks, she’s goin’ on the court. Name a lefty cause and she’s probably supported it, but she will be confirmed and it really will not be that close.


9 posted on 06/10/2010 10:39:52 AM PDT by Grunthor (Getting married, T minus 16 days.)
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To: jeffq73
This is why she was appointed. Nobody expected a pro-lifer from Obama did they??
10 posted on 06/10/2010 11:59:26 AM PDT by mrsixpack36
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To: jeffq73

If she supported the cloning of humans...this is HORRENDOUS!!!


11 posted on 06/10/2010 12:41:00 PM PDT by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: jeffq73

Alas, it doesn’t matter what is uncovered, for she has the support of SC’s “Lovable Lindsey,” who Jim DeMint says is mostly “on the team.”


12 posted on 06/10/2010 2:11:27 PM PDT by Theodore R.
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To: jeffq73

“Cass Sunstein is the preeminent legal scholar of our time — the most wide-ranging, the most prolific, the most cited, and the most influential. His work in any one of the fields he pursues — administrative law and policy, constitutional law and theory, behavioral economics and law, environmental law, to name a non-exhaustive few — would put him in the very front ranks of legal scholars; the combination is singular and breathtaking.”—Elena Kagan

http://www.discoverthenetworks.org/individualProfile.asp?indid=2398


13 posted on 06/10/2010 2:22:14 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: SumProVita

Right, and a recent US Supreme Court decision would also allow them to patent whatever creature they develop from this cloning. I think this was the Monsanto case that said they pretty much own all farming seeds now.


14 posted on 06/10/2010 2:24:43 PM PDT by shalom aleichem
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To: jeffq73

The Dems are missing their big opportunity:

human cloning for Obama’s personal civilian army.


15 posted on 06/10/2010 2:27:39 PM PDT by Soothesayer (The heart of the wise inclines to the right, but the heart of the fool to the left Ecclesiastes 10:2)
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To: Theodore R.

It’s time for the Republicans to fillibuster all radical nominees until Obama picks someone who is “in the mainstream”. This was the big standard that the Democrats applied to all of Bush’s nominees. Besides, we still haven’t gotten even for what they did to Robert Bork; we owe them one. Why not start now?


16 posted on 06/10/2010 2:50:40 PM PDT by Windy City Conservative (Kyle Smith)
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To: jeffq73

Is there any hope of stopping her?


17 posted on 06/10/2010 7:07:27 PM PDT by Clintonfatigued (Obama's more worried about Israelis building houses than he is about Islamists building atomic bombs)
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