Surgeon General Koop: Kagan Misled Congress, Courts on Partial Birth Abortion

'Ms. Kagan's amendment to the ACOG Policy Statement had no basis in published medical studies or data. No published medical data supported her amendment in 1997, and none supports it today.This is unethical, and it is disgraceful, especially for one who would be tasked with being a measured and fair-minded judge.'

WASHINGTON, DC (Catholic Online) - One of the champions of the Fundamental Human Right to Life is Dr. Charmaine Yoest, the President of Americans United for Life (AUL). Dr. Yoest and others from the action arm of AUL were on Capitol Hill all day Monday, July 20, 2010 URGING Senators to vote against confirmation of Solicitor General Elena Kagan to the United States Supreme Court. It has now been undeniably documented that Elena Kagan, while in the Clinton Administration, played a key role in rewriting the "American College of Obstetricians and Gynecologists" (ACOG) statement on Partial Birth Abortion, precisely to defend that  gruesome procedure against a ban during the tenure of the Clinton Administration. The stories exposing her  role in this matter while deputy assistant to President Clinton for domestic policy reveal her view of this gruesome procedure, her commitment to a radical anti-Right to Life agenda, and her lack of a clear understanding of legal ethics. Dr. Yoest has obtained the strong backing of a highly respected former Surgeon General, C. Everett Koop, MD in this effort to prevent the confirmation of Elena Kagan. The Senate Judiciary Committee is scheduled to vote on Tuesday, July 20, 2010 to send her nomination to the full Senate for confirmation. 

She and her dedicated team delivered this stunning letter from the former US Surgeon General which, if considered by the Senators, could have a dramatic effect on the vote. General Koop served as Surgeon General from November 1981 through October 1, 1989.  The C. Everett Koop Institute at Dartmouth is only one example of the continued work of this highly respected former Surgeon General.

We present the entire text of this strongly worded letter which by the time of publication should be in the hands of every Senator. We do so because it is addressed as an "Open Letter to the American people". We urge our readers to distribute this letter widely: ***************
"An Open Letter to the American People: 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 the Elena Kagan, the nominee for Supreme Court scheduled for a Senate committee vote next week, manipulated the medical policy statement on partial-birth abortion of a major medical organization, the American College of Obstetricians and 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 politization of medical science and vote no on the Kagan nomination. Sincerely C. Everett Koop, M.D., Sc.D.
Surgeon General of the United States Public Health Service, 1981-89

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