As Dean of Harvard Law School, Kagan had to deal with the issue of compliance with the Solomon Amendment. Under the Solomon Amendment, universities receiving federal funding are required to allow the armed services to recruit on campus like other employers. It is a law that shouldn't be necessary.
Harvard Law School was one of many prominent law schools that chose to violate the Solomon Amendment, citing the military's don't ask/don't tell policy. The don't ask/don't tell policy is not just a whim of the armed forces. It is also the law of the land, but don't tell law school deans about it. They have to worry about matters closer to home, like their own schools' so-called nondiscrimination policies against hosting recruiters for employers that don't toe the line on homosexual rights.
When the Department of Defense sent Harvard a notice that it intended to enforce the Solomon Amendment, Kagan announced that she would adhere to what I call the Yale Doctrine, in honor of the statement made by then-Yale Law Dean Anthony Kronman at the time:
We would never put at risk the overwhelmingly large financial interests of the University in federal funding. We have a point of principle to defend, but we will not defend this--at the expense of programs vital to the University and the world at large.
Dean Kronman paid a backhanded tribute to the "money talks" impetus behind the Solomon Amendment. Thus the Yale Doctrine: We take your money for the good of the world.
Kagan's side decisively lost the FAIR case in the Supreme Court [9-0]. I wrote while the case was pending in the Supreme Court that some lawsuits deserve a fate worse than failure. While decent military recruiters suffered the rudeness of their purported betters at Yale Law School and elsewhere in silence, the armed services of the United States were (and are) actively defending the freedom of those schools from peril. The rank ingratitude of those who should know better is a disgrace that deserves to be widely recognized as such.Kagan doesn't have the guts to stand by her position that the military shouldn't be allowed to recruit because of "don't ask, don't tell", which of course was Clinton's compromise and is Obama's tho he mewls and pukes about it. And she doesn't have the guts to admit the highly relevant fact that she's homosexual.
To paraphrase Powerline: Some nominees deserve a fate worse than failure and so do some Presidents. Has any President ever nominated such a gang of intellectual cowards, tax evaders, hacks, placemen, student revolutionaries and enemies of The West? Nope. The Manchurian President indeed.