Seeking Justice

Military Views Could Hobble Kagan

Having never served as a judge, one of President Obama's leading candidates to replace retiring Supreme Court Justice John Paul Stevens leaves a slim record for conservatives to attack. But opponents believe they have found their mark in Elena Kagan's statements about discrimination in the military's recruitment policy while she was dean at Harvard Law School. In 2003, Kagan wrote students, saying that the military's stance on gays was "a profound wrong—a moral injustice of the first order." Said one conservative Court watcher, "If she is the nominee, that is an angle that I would press." But students from Harvard during Kagan's time caution that, despite her rhetoric, she was not a leader in the fight to keep military recruiters off campus.