Monday, April 19, 2010

History at Harvard with Solomon Amendment may affect Kagan's candidacy for high court

Solicitor General Elena Kagan, a possible replacement for Supreme Court justice John Paul Stevens, will probably generate buzz over her communications while at Harvard (as law school Dean) over the arrival of military recruiters on campus, in opposition to the university’s non-discrimination policy. The story became complicated with the Solomon Amendment, which gave the government the power to deny a university defense research funds if the university did not admit military recruiters. The 3rd Circuit in Philadelphia had turned down the amendment, but then the Supreme Court had restored it by a vote of 8-0.

The detailed story, in the Washington Post on April 19, by Am Goldstein is “Foes may target Kagan's stance on military recruitment at Harvard”, link here.

Kagan did indeed write in an email to faculty and students that Harvard would lose federal aid if it did not allow military recruiters.

It’s worthy to remember that Justice Stevens had dissented in the Bowers v. Hardwick decision in 1986.

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