A recent report has unearthed information that Ms. Kagan once recommended to then President Bill Clinton he support a Democratic ban on certain late-term abortions as a way to defeat a stronger measure gaining momentum in the Senate. During her tenure as a White House domestic policy aide, Ms. Kagan sent Mr. Clinton a memorandum urging him to endorse the ban sponsored by Democratic Senator Tom Daschle of South Dakota. The memo anticipated that the Daschle plan would fail, but would provide political cover for enough senators to stand by the president when he ultimately vetoed the tougher bill sponsored by Republicans.
The president accepted the recommendation, the amendment was defeated, and the Republican-led Congress sent the tougher ban to Mr. Clinton, who vetoed it. An effort to override the veto fell three votes short in the Senate.
The memo, unearthed by The Associated Press from the Clinton Presidential Library, offers a rare glimpse into Ms. Kagan’s mindset regarding the abortion debate, which is a traditionally polarizing issue during Supreme Court confirmation hearings. Since Ms. Kagan has never been a judge and never had to rule on abortion, many have been almost obsessed to learn more about her positions. Now it appears they may have just gotten their wish.
