UPDATE, 9:30p: The strategy of the White House from the beginning has been to portend Elena Kagan’s confirmation to the US Supreme Court as a done deal, and perhaps it was – until her slimy Senate Judiciary Committee testimony about the part she played re: the partial birth abortion ban.
jeff sessions photo.jpgYesterday in DC the chatter was that Kagan’s confirmation to the US Supreme Court can still be stopped. She may have committed perjury.
This afternoon Senator Jeff Sessions, who had to cancel a press conference earlier in the day about all this, issued a statement about AUL’s report wherein he came as close as genteel Senate speak allows to calling Kagan a liar…

President Clinton seems to have been disposed to sign the ban, and Ms. Kagan seems to have persuaded him to reverse that position. In her testimony, Ms. Kagan clearly presented herself as a neutral staffer in the process, though this record suggests she was an active player in working to keep partial-birth abortion legal.

Quin Hilyer at the American Spectator blog wrote AUL’s report “is important; if senators had any guts, they would treat it as disqualifying.”
Bill Saunders of AUL wrote at Human Events on July 12:

There seems to be a clear difference between what Kagan told the Senate and what may have actually taken place. William Saletan, hardly a conservative-leaning columnist, called Kagan’s explanation “bogus” in a July 3 Slate.com piece….
Act Two is set to begin. As the Senate returns for business this week after the recess, the brewing storm over Kagan’s partial-birth abortion scandal is certain to intensify. But this storm, some may be surprised to find, will not necessarily be a partisan one.
Kagan’s apparent alteration of science raises serious ethical questions for both Republicans and Democrats. With so many outstanding questions about a political activist and advocate poised to sit on the highest court in the land, how could the Senate possibly vote on Kagan’s nomination without further inquiry?

Thumbnail image for Thumbnail image for Thumbnail image for breaking.jpgUDPATE, 8:30p: I was disappointed to read the press conference scheduled this afternoon was postponed “due to a floor vote that was scheduled in the United States Senate,” presumably on the finance reform bill.
AUL Action has gone ahead and issued the report it planned to release at the conference. Here was the AUL’s bottom line, from its report:

AUL Action calls for a Senate investigation into (1) the facts surrounding Elena Kagan’s amendment to the Policy Statement of the American College of Obstetricians & Gynecologists (ACOG) on partial-birth abortion (D&X procedure), (2) the discrepancies in Kagan’s testimony before the U.S. Senate Judiciary Committee on Jun 30, 2010, and (3) the distorting impact of Kagan’s amendment on federal judicial and Supreme Court consideration of state and federal prohibitions on partial-birth abortion between 1997 and 2007.
Kagan’s actions have raised unresolved questions.
Because of the lack of other reliable scientific data, the ACOG Policy Statement, as Kagan amended it, was relied upon by federal courts to invalidate the laws of 30 states and an act of Congress. This serious compromised the integrity of the U.S. federal judicial process for more than a decade.
Kagan’s willingness to amend and politicize an impartial medical report by a major medical organization in order to affect legal and judicial events at the highest level of the American judicial system, relating to a major piece of Congressional legislation, raises serious questions.

12:08p: Potentially big news coming from Americans United for Life this morning.
I was in DC yesterday and was told US Supreme Court nominee Elena Kagan likely committed perjury when testifying before the Senate Judiciary Committee on her role with the ACOG partial-birth abortion scandal.
If this charge if going to be levied at the press conference, and if it is true, Kagan has disqualified herself from serving as Supreme Court Justice.

Dr. Yoest to reveal new information on Kagan/ACOG/Partial-Birth scandal

Washington, DC – Senator Jeff Sessions, ranking Member on the Senate Judiciary Committee, will host a press conference today with several leading Senators at 2:30pm to discuss a new report released today by Americans United for Life Action which contains new information regarding Elena Kagan’s role, during her time in the Clinton Administration, in pressuring the American Congress of Obstetricians and Gynecologists to change their policy statement on partial-birth abortion.

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Senator Sessions will be joined by Dr. Charmaine Yoest, President and CEO of AUL Action, and leaders of other major pro-life organizations.
When: 2:30 p.m EDT
Where: TO BE ANNOUNCED SHORTLY
Who: Senator Jeff Sessions, Senator Mike Johanns, Senator Jim DeMint, Dr. Charmaine Yoest, and others to be announced.

Again, this could be very big.