Thursday, May 13, 2010

Supreme Court nominee knowingly violated federal law

Havard Law School Dean Elena Kagan kicked military recruiters off campus. She knowingly violated federal law. As law-school dean surely she knew the applicable law, known as the Solomon amendment. Didn't she? CNS News
... But Rotunda, who is now a law professor at Chapman University Law School in Southern California, said Kagan did something more than simply disagree with the military over its policy regarding homosexuals -- she refused to follow the law, which required her make room for military recruiters. “(I)t wasn’t just a policy – it was a federal law,” Rotunda said. “And when she disagreed with federal law, she just simply decided not to follow it. ...
The case went to the Supreme Court. How did Dean Kagan fare there? First, she admitted guilt:
Kagan acknowledged in her legal brief that she was deliberately ignoring the fact that the law was in effect..
And she lost big:
And the Supreme Court unanimously found that the law was constitutional, and there was no reason to keep recruiters off of law school grounds." ... In a unanimous, 9-0 decision, the Supreme Court ruled that the Solomon Amendment was constitutional, and was enforceable on universities that received federal funds.
Why give a life-time appointment to someone who follows the law only when she finds it convenient?

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