Watchdog: We'll seek Kagan's disbarment and impeachment

The letter said Kagan, while associate White House Counsel in the Clinton White House, "falsified a medical report of the American College of Obstetricians & Gynecologists (ACOG) in an intentional effort to mislead not just Congress and the White House concerning the efficacy and health risks of partial birth abortion, but also to mislead the various federal courts and the U.S. Supreme Court which ultimately relied on this falsified medical report."

That came when the court struck down legislation restricting partial birth abortion, a gruesome procedure supported by Kagan that involves an abortionist partly delivery a live child, killing the child, and then finishing the delivery.

"This court relied in large part upon this falsified ACOG medical report to overturn Nebraska's partial birth abortion ban, which was then used as binding precedent among the circuits," Klayman wrote.

Klayman pointed out that the American Bar Association Model Rules of Professional Conduct provide that "a lawyer who commits fraud in the conduct of business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation."

"Clearly Elena Kagan's conduct in falsifying the ACOG report violates these Canons of the ABA code," Klayman said. "It was, at a minimum, reasonably foreseeable that her fraudulent changes to the ACOG report would ultimately be used by this court in its proceedings….

"This court must stand for the principle that 'no one is above the law.' If this is not the case, then 'We the People,' do not have a Supreme Court as envisioned and implemented by our founding fathers," Klayman's letter said. "Ms. Kagan cannot, and should not be treated differently than anyone else who deceives this court or any other court.

"She is thus unfit to remain a member of the court and should be disbarred from further representation before it. The issue of partial birth abortion, and the lives which it takes and affects, is too important than to allow a member of this court to pervert the medical findings of a body that is the expert in the field."