McCain Op-Ed: Make that 8 Senators Against Kagan

By Alex Pepper

Jul 7, 2010 3:13pm

Ariane de Vogue reports:

Today Senator John McCain announced he would vote against Elena Kagan’s confirmation to the Supreme Court. In an op-ed that will appear in tomorrow’s USA Today, McCain bases his decision on the fact that while she was Dean of Harvard law school Kagan temporarily banned military recruiters from using the campus’s career services center. Kagan said she felt the military’s “don’t ask don’t tell” policy that bars openly gay and lesbian service members from serving in the military violated the school’s antidiscrimination policy. Kagan reversed course when the government threatened to pull federal funding from the school. 

In the op-ed McCain writes: “I take no issue in terms of her nomination with her opposition to President Clinton's "don't ask, don't tell" policy. She is free to have her own opinion. Kagan was not free, however, to ignore the Solomon Amendment's 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.”

Others voting against Kagan are Republican Leader Mitch McConnell, KY, Senator Johnny Isakson, R-GA, Lisa Murkowski, R-AK, Orrin Hatch, R-UT, Bob Bennett, R-UT, James Inhofe, R-OK, and Jim DeMint, R-SC.

Kagan received 31 “no” votes when she was nominated to be Solicitor General.

All eyes are on Senator Arlen Specter (D-PA) who voted against Kagan when he was a Republican and was critical of her recent testimony.

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