We have to expect this. The President’s opponents will look for ammo to use to oppose Elena Kagan for the Supreme Court. We have seen this sort of stuff before. “In her 10th grade essay on race, the nominee wrote ...”

I usually don’t take it seriously. This time, however, is different. Critics are citing her anti-military stance at Harvard. When she was dean of the law school she went out of her way to ban military recruiters from the campus. She did so because the armed forces did not allow openly gay people from serving. She even took the issue to the Supreme Court. The court decided against Harvard.

Newt Gingrich says she should be disqualified for such an un-American act. He says she is not worthy of being a Supreme Court Justice.

This resonates with millions of folks. And so her supporters were quick to dismiss the attacks. Harvard was never a good place for the military to recruit anyway, one says. She didn’t allow recruiters into this area, but she didn’t mind if they went to this area. Hair-splitting.

However, Elena Kagan was not hair-splitting. Going to the Supreme Court takes big money and effort. Harvard is America’s pre-eminent university. She was making a statement: If a school’s leaders disagree with a military policy the school can choose to punish the military.

That is where I disagree with her. I agree with the Supreme Court.