In response to the e-mail to Snopes, there does not seem to be anything to the charge that Elena Kagan was acting as Barack Obama's private attorney in the birthing matters. She was acting as Solicitor General for a sitting President.
Elena Kagan - Wikipedia, the free encyclopedia
Check out the portion about Solicitor General--
http://en.wikipedia.org/wiki/Solicit..._United_States
The Solicitor General is the lawyer for the Federal Government which I guess would include the President of the US.
From the Wikipedia article on Solicitor General-- "The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States."