How is this change we can believe in? Obama wants Elena Kagan to be his Solicitor General. She would be responsible for arguing cases on behalf of the United States in front of the US Supreme Court. But, according to the Legal Times, Kagan has never argued a case before a single appellate court. Not the US Supreme Court. Not any state Supreme Court. Not even a Circuit Court. She concedes even that she has never tried a case to verdict or judgment.
But more troubling, Kagan led Harvard's charge to overturn the Solomon amendment. The legislation prohibits federal funds from going to schools that deny campus access to military recruiters.
Harvard Law School will once again ban military recruiters because of the Pentagon's policy on gays in the military, the school's dean announced yesterday, the day after a federal appeals court blocked enforcement of the federal law that forced schools to allow the visits.
"This return to our prior policy will allow [the Office of Career Services] to enforce the law school's policy of nondiscrimination without exception, including to the military services," the dean, Elena Kagan, wrote in a brief statement late yesterday. "I am gratified by this result, and I look forward to the time when all law students will have the opportunity to pursue any legal career they desire."
Harvard had long barred military recruiters from formal campus visits because the Pentagon's ban on gays violated the school's nondiscrimination policies. Like many other law schools nationwide, Harvard was forced to allow the recruiter visits two years ago, when the government invoked a law known as the Solomon Amendment and threatened to cut the university's federal funding.
Harvard became the first major law school to reinstate its ban.
Keep in mind that the United States Supreme Court, shortly after Kagan's rapid decision to throw military recruiters off campus, upheld the Solomon Amendment in an 8-0 decision.
In other words, Kagan is so blinded by her social activism, she couldn't rationally recognize a clear constitution issue -- one so clear that John Paul Stevens and Antonin Scalia were on the same side. (PDF)
Kagan will be expected to argue on behalf of the United States before the Supreme Court though she's never tried a case to verdict nor argued before a court.
It's going to be like Robert Gibbs before the press corp, but with more blood.