As Elena Kagan enters her third day of Senate confirmation hearings for her nomination to the U.S. Supreme Court, she emerged from yesterday’s questioning largely unscathed despite some testy moments.
The most memorable came courtesy of Ranking Republican Senate Judiciary Committee member Sen. Jeff Sessions, who both questioned and criticized the nominee for her role in attempting to block military recruiters from the career services office when she was dean of Harvard Law School.
Kagan said she believed she was within the limits of the law in her decision to allow the military to recruit through student military organizations, but not directly through the school. She said she believed the military’s policy of denying openly gay recruits violated the school’s anti-discrimination policy.
“I believe the ‘Don’t ask, don’t tell’ policy is unwise and unjust,” Kagan said. “I believe it now and I believe it then.”
But Sessions was not swayed by her answers.
“In fact you were punishing the military,” Sessions said. “The actions you took helped create a climate that was not healthy to the military on campus.”
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