An Anti-Military Justice?
Do ask, don't confirm.
7:57 AM, May 10, 2010 • By WILLIAM KRISTOL
For me, the key obstacle to Elena Kagan's confirmation is pt. 5 in Ed Whelan's NRO post, which is also the question raised by Peter Berkowitz in these pages several years ago and by Peter Beinart just recently: Her hostility to the U.S. military.
Hostility? Isn't that harsh? Kagan has professed at times her admiration for those who serve in the military, even as she tried to bar military recruiters from Harvard Law School. But how does one square her professed admiration with her actions--embracing an attempt to overturn the Solomon Amendment that was rejected 8-0 by the Supreme Court--and her words?
Consider these words in particular from her letters to "All Members of the Harvard Law School Community": On Oct. 6, 2003, Kagan explained that she abhorred "the military's discriminatory recruitment policy....The military's policy deprives many men and women of courage and character from having the opportunity to serve their country in the greatest way possible. This is a profound wrong -- a moral injustice of the first order." On Sep. 28, 2004: "...the military's recruitment policy is both unjust and unwise. The military's policy deprives..." etc. And on March 7, 2006: "I hope that many members of the Harvard Law School community will accept the Court's invitation to express their views clearly and forcefully regarding the military's discriminatory employment policy. As I have said before, I believe that policy is profoundly wrong -- both unwise and unjust...," etc.
Many important people are complicit in what Kagan regards as the "moral injustice of the first order" of Don't Ask, Don't Tell. The only ones Kagan sought to make pay a price were those serving the ranks of the military.