Gingrich to Obama: Kagan Anti-Military, Withdraw the Nomination

Former House Speaker Newt Gingrich appearing on “Fox News Sunday” called on President Obama to withdraw Elena Kagan’s nomination to the U.S. Supreme Court calling her anti-military.

“I think the president should withdraw it. You don’t need a lot of hearings,” Gingrich told host Chris Wallace. “The very fact that she led the effort which was repudiated unanimously by the Supreme Court to block the American military from Harvard Law school — we’re in two wars, and I see no reason why you would appoint an anti-military Supreme Court justice or why the Senate would confirm an anti-military Supreme Court justice.”

You can read that unanimous decision by the court in Rumsfeld v. Forum for Academic and Institutional Rights, Inc. online here. 

It’s not that Gingrich expected Obama to appoint anything but a liberal.

“I think the president has every right to nominate a liberal,” Gingrich said. “He is the president and that is his value system.”

But Gingrich points out Kagan turned a blind eye to the treatment of homosexuals and of women in Saudi Arabia when as Dean of Harvard Law School she took Saudi money.  Yet she joined in filing an amicus brief (pdf) in favor of banning the military from campus for the “Don’t Ask Don’t Tell” policy.  

“On the one hand, Harvard accepts money from Saudis. Saudi Arabia, by the way, executes homosexuals, Saudi Arabia represses women, Saudi Arabia does not allow Christians or Jews to practice their religion, but Saudi money is fine,” Gingrich said.

“The American miliary didn’t have a policy,” Gingrich noted.  “The Congress of the United States and the Clinton administration she served in had a policy.  And for her to single out the military with an extraordinarily myopic position, that if you read what they said at the time, it was consistently focused on the military.  And I just think at a time when we have two wars that’s a very inappropriate behavior for somebody to end up as a justice to the Supreme Court.”