Why I'm Voting Against Kagan

Cites treatment of military recruiters at Harvard
By John Johnson,  Newser Staff
Posted Jul 7, 2010 2:40 PM CDT
Sen. John McCain, R-Ariz., answers a question during a town hall meeting in June.   (AP Photo/Ross D. Franklin)
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(Newser) – It won't derail her near certain confirmation, but John McCain today declares that he's voting against Elena Kagan for the Supreme Court. In an op-ed for USA Today, McCain cites her tenure as dean of the Harvard Law School, when "she unmistakably discouraged Harvard students from considering a career in the military—even while claiming to do otherwise—by denying military recruiters the same access to Harvard students that was granted to white-shoe law firms."

Kagan insists her actions were within the law, but McCain doesn't buy it. She violated the requirement "to provide military recruiters equal access because she and many of her colleagues opposed 'don't ask, don't tell.' In short, she interpreted her duties as dean at Harvard to be consistent with what she wished the law to be, not with the law as written."

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