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Elena Kagan

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This summer, the Senate will be holding a hearing on President Obama's second Supreme Court nominee Elena Kagan. In March 2009, I voted against Ms. Kagan's confirmation as the U.S. Solicitor General. I opposed her confirmation for several reasons, including her disdain for the policy contained in the Solomon Amendment. The Solomon Amendment requires universities that receive federal aid to permit military recruitment on campus. While serving as the Dean of the Harvard Law School, Ms. Kagan opposed recruiters because of the military's "Don't Ask, Don't Tell" policy. By denying recruiters access to our nation's colleges and universities, our military is weakened. Whatever her concerns may be relating to "Don't Ask, Don't Tell," it was the wrong approach to oppose military recruiters on the Harvard Law School campus. What also troubles me about Ms. Kagan's confirmation is her lack of judicial experience. Last year, during Justice Sotomayor's confirmation hearings, her views and beliefs were found in her extensive record as a judge. Ms. Kagan does not have such a record. Additionally, her files released from the Clinton Administration, where she served as White House counsel, and from her time as clerk to the late Justice Thurgood Marshall, reveal her to support activist courts and liberal policies. I am very concerned about what I know about Ms. Kagan so far and I will be paying close attention to her answers during her confirmation hearing before the Senate Judiciary Committee.


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