Elena Kagan on Homeland Security



2003: Opposed military excluding gays from military service

As Dean of Harvard Law School, Kagan implemented the school's policy banning military recruiters from participating in job interviews with students (or at least, excluding Defense Department recruiters from the same access given to private law firms and private advocacy organizations). Kagan explained that this policy was intended to register the law school's opposition to "the military's policy" of excluding open homosexuals from military service.
Source: Jeremy Rabkin, Heritage Foundation report, "America's Place" , Jun 23, 2010

Enemy forces can be detained without trial

[During Kagan's confirmation hearings], Senator Lindsay Graham asserted that, under military law, a member of an enemy force can be detained without trial. When he asked Kagan whether she agreed, she replied "I think that makes sense, and I think you're correct that that is the law"

Kagan declined to answer a question regarding the rights of detainees held at the Bagram Air Force Base on the ground that she might one day have to rule participate in ongoing litigation on that question.

Source: Tom Goldstein on SCOTUS Blog, "9750 Words" , May 8, 2010

Military plays vital role in well-being of the country

[Other than banning military recruiters to protest Don't-Ask-Don't-Tell], there is no evidence that Kagan harbors any hostility towards the military. She hosted dinners at Harvard for veterans. Her email to the student body [about the recruiter ban] takes care to state her respect for the military. For example, when she was invited to give a lecture at West Point, Kagan explained that she was "in awe of [the cadets'] courage and dedication" and recognized that "my security and freedom depend on all of you." Kagan explained that in light "of the vital role the military plays in the well-being of the country," she was "grieved" at the conflict between the military & law schools, including her "personal" belief "that the exclusion of gays and lesbians from the military is both unjust and unwise." It was precisely because of her respect for the military that she "wish[ed] devoutly that these Americans could join this noblest of all professions and serve their country in this most important of ways."
Source: Tom Goldstein on SCOTUS Blog, "9750 Words" , May 8, 2010

Other Justices on Homeland Security: Elena Kagan on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Jan 15, 2017