WHIZZER KAGAN:

Memo Suggests Kagan Backed Funds for Religious Groups (LAURA MECKLER, 5/14/10, WSJ)

At issue was "charitable choice," a provision of the sweeping welfare overhaul that Mr. Clinton signed in August 1996. The provision made it clear that churches and religious groups could receive contracts and vouchers to participate in welfare and other social-service programs without changing their religious nature.

The provision was not particularly controversial in the welfare debate, which focused on work requirements and time limits for aid to the poor. It became more contentious under President George W. Bush, who expanded participation of religious groups in government programs.

In December 1996, Mr. Clinton saw a U.S. News and World Report piece on the subject, and he scrawled a note to his domestic policy adviser, Bruce Reed, saying he would like to pursue the issue. "We need to decide what if anything to do w/ this in WRef [welfare reform]. I think there are possibilities," the president wrote to Mr. Reed.

That was forwarded to Ms. Kagan with a note asking for the status of the religious provisions in the new welfare law.

At the bottom of the page, Ms. Kagan wrote an undated note to Mr. Reed saying the Department of Justice was trying to get Congress to alter the charitable choice provision in a technical corrections bill, used to clean up errors in the larger measure. She indicated she didn't favor that effort.