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Legal Commentary

: Althouse

"Was it a mistake for Elena Kagan when she was Dean of the Harvard Law School to oppose allowing the U.S. military to recruit law students because of the Pentagon's Don't Ask/Don't Tell policy?"

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Wolf Blitzer asked on "The Situation Room" today:
AXELROD: Well, that's not -- that's not exactly what happened. The fact is that there was recruitment on the Harvard campus at the time that she was there. She maintained the policy that existed before she came there -- not allowing the career placement office ts -- to -- to host that. Because there was a policy relative to discrimination. When the law was passed and upheld banning that, then she changed the policy.

So she -- she tried to conform to the policy of the school, and the law. And yes, she expressed herself on the law. But she's always been very hospitable to military recruitment and to young people campus who wanted to serve their country. In fact, the irony of this discussion, Wolf, is her objection to the Don't Ask/Don't Tell law was she wanted everyone who wanted to serve their country -- every young person -- every young person who wants to serve the country to have that opportunity.

BLITZER: Because Jeff Sessions, the ranking Republican on the Judiciary Committee -- he's concerned. He says this is a significant issue he wants to discuss with her -- especially her -- her comments back in 2003 that the Pentagon's policy, in her words, was "A profound wrong. A moral injustice of the first order."

AXELROD: Well, again, I think her concern was that every young American who wants to serve their country should have that opportunity. But Senator Sessions should and will have that opportunity to discuss it with her. And I hope that he also talks to the young men and women from Harvard who have served in the military who -- who -- who came into contact with -- with Dean Kagan when she was there, and who got her full support. Because she is -- she -- she was very close to veterans on campus. And they were very supportive of her.

Full post as published by Althouse on May 10, 2010 (boomark / email).

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