Kagan's past still raising concerns (OneNewsNow.com)

Kagan's past still raising concerns (OneNewsNow.com)

Americans United for Life (AUL) is expressing fresh concern over President Obama's nominee for the U.S. Supreme Court.

While serving as a clerk for Justice Thurgood Marshall in October 1987, Elena Kagan wrote a memo addressing a case where a court held that grants under the Adolescent Family Life Act could not be given to religious organizations.

"Basically, the types of programs that fell under this act were pregnancy counseling, adoption counseling...referral services, [and] prenatal and postnatal care," explains Mary Harned, staff counsel for AUL.

The Supreme Court was considering whether to hear the case when Kagan wrote the memo to Justice Marshall and said, "I think that the district court got the case right."

Harned notes that the future Supreme Court nominee went on to say that "when the government funding is to be used for projects so close to the central concerns of religion, all religious organizations should be off limits."