So says Ilya Shapiro, legal analyst for the libertarian Cato Institute, about Elena Kagan’s responses to questioning from Sen. Jeff Sessions (R-Ala.):
Senator Sessions went after Kagan hard on the Military-Recruiting-at-Harvard imbroglio. I don’t think he did any damage — which I’ll define as convincing someone on the fence to go against her — but the thing to keep in mind here is that the Don’t Ask Don’t Tell policy that so enraged then-Dean Kagan was federal law, not military policy. Punishing the military for an act of Congress you disagree with — one on which you advised President Clinton — is disingenuous at best. . . . There are policy differences and legal advocacy, and then there’s the rule of law.
Given that "Don’t Ask Don’t Tell" was official policy, John McCormack of the Weekly Standard asks, "Why were other federal government officials not similarly discriminated against by Harvard?"
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