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
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