In the most heated exchange of Tuesday’s confirmation hearings, Supreme Court nominee Elena Kagan rebutted charges that she refused military recruiters access to Harvard Law School while she was dean. Parrying with Sen. Jeff Sessions (R-AL), Kagan said she was only trying to balance the school’s antidiscrimination policy with the military’s much-maligned “Don’t Ask, Don’t Tell” rule, and that she gave recruiters open access through a student veterans group. Sessions, however, fought her tooth-and-nail on the topic, saying she “punished” the military and “acted without legal authority” in not allowing recruiters on the campus. It was a long day for Kagan, who also faced questions about gun owners’ rights and free speech. Generally earning praise from Democratic senators—and even Republican Lindsey Graham—she’s still expected to win confirmation.
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