Judiciary

Vets Blast Kagan Nomination

Veterans took aim Monday at Supreme Court nominee Elena Kagan, saying her opposition to Pentagon recruiters on college campuses showed her antipathy to the military.
 
“I just see this and I just shake my head and think it’s par for the course,” said retired Marine Lt. Col. Orson Swindle. “Barack Obama is doing everything he can to put a stick in the eye of traditional American values and the American people.”
 
“Her history of dislike for the American military is shameful and this is not a good move by Barack Obama and I hope the Senate will reject it,” said Swindle, a decorated Vietnam War prisoner of war and Sen. John McCain’s cellmate in Hanoi.
As dean of Harvard Law School, Kagan banned ROTC recruiters from using the school’s Office of Career Services, saying the Pentagon’s "Don’t Ask, Don’t Tell" policy of restricting open gays from serving in the military “is profoundly wrong — both unwise and unjust.” 
Kagan challenged the Solomon Amendment, a federal law that allows the secretary of Defense the right to deny federal funds to colleges that prevent military recruiters or the ROTC on campus.
 
Kagan and 40 other Harvard Law School professors signed an amicus brief saying the Solomon Amendment was unconstitutional. The Supreme Court disagreed with the professors, ruling 8-0 to  uphold the law.
Pete Hegseth an Iraq war veteran and executive director of Vets For Freedom told HUMAN EVENTS that he believes that Kagan views the military as not fitting in with the “elite culture” at Harvard.
Kagan comes from a perspective that “having the military at the law school would be below them,” Hegseth said.
If Kagan is confirmed she will replace retiring Justice John Paul Stevens, currently the only military veteran on the court. Retired Army Lt. Col. Allen West, a Republican running for Congress in Florida’s 22nd  District, told HUMAN EVENTS that he doesn’t think it matters to the Obama Administration that they are replacing the only veteran. 
“When you look at Congress right now, less than 10% are veterans. I don’t know if this Administration really cares,” West said. “I think this is a critical juncture. If you look at all the veterans that are running for Congress, I think people are waking up to see that in these kind of times, we do need people at our federal level, in the executive branch, legislative branch, and maybe even judicial branch to have some understanding of what we are going through right now. When you look at the fact that we are giving illegal enemy combatants constitutional rights, I think that’s one of the things that should be argued before the Supreme Court.”
Hegseth said Kagan’s confirmation hearings should look at her views regarding the military.
“They need to examine much further her motivations,” said Hegseth. “I think like anyone else nominated she is deserving of a fair hearing, I just think that whomever has the opportunity to question her has a responsibility to not back down at all in getting to the bottom of her particular perspectives on this."

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