Kagan helped President Clinton successfully navigate through the partial birth abortion debate in the U.S. Senate. Then-Sen. Rick Santorum’s partial birth abortion bill had significant support, so a weak alternative bill was developed by then-Sen. Daschle of South Dakota to peel off Democratic Senators. The Clinton library documents clearly demonstrate that Kagan was urging the president to support the Daschle “alternative,” not because she wanted him to support a middle ground as some in the media/White House have claimed, but specifically according to her memos, “in order to sustain your credibility" on the tougher bill and "prevent Congress from overriding your veto.” Her strategy worked. While Daschle’s amendment failed, 64-36, he was able to secure 36 votes, three more than necessary to block a veto override. Senator Santorum’s legislation passed 64-36 on May 20 and as expected, Clinton vetoed it on October 10, 1997.
3. Her Record on Terrorist Detainees