What about SG Kagan? 31 voted against confirming her to be Solicitor General, and Senators are almost always more deferential to Administration picks for the Justice Department than the Courts. So it’s safe to assume that she starts approximately 30 votes in the hole. As with Wood, there are some obvious sources of controversy, such as Kagan’s support for barring military recruiters at Harvard Law School because of “don’t ask, don’t tell,” and the subsequent Solomon Amendment litigation.
This is Kagan’s “Achilles heel,” according to former TNR editor Peter Beinart. The problem is not that Kagan opposed the Congressionally mandated policy — Beinart agrees with Kagan that DADT is a “moral injustice.” Rather, says Beinart, “the response that Kagan favored banning military recruiters from campus—was stupid and counterproductive. I think it showed bad judgment.” He continues: “Barring the military from campus is a bit like barring the president or even the flag. It’s more than a statement of criticism; it’s a statement of national estrangement.” It also reinforces the perception that Kagan is another northeastern, Ivy League liberal who is out of touch with the nation’s heartland.
4 days ago