Kagan Was an Ivory Tower Bully — Debra Saunders

When the Bush administration threatened to withhold federal funds from Harvard University in accordance with the 1996 Solomon Amendment — which requires colleges to grant military recruiters the same access as other employers or forfeit federal funds — the law school relented and opened the door for the university to continue receiving federal funds.

But Kagan did not go gently. She sent out a strongly worded memo denouncing the government’s “don’t ask, don’t tell” policy as “deeply wrong — both unwise and unjust.” No doubt, the memo had an important symbolic effect as well.

Kagan also signed a law school professors’ amicus brief that argued the Solomon Amendment abridged free speech rights, which the U.S. Supreme Court soundly rejected 8-0 in 2006.

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