Cornyn: Military Recruiters at Harvard Had ‘Separate but Equal’ Access Under Kagan

Sen. John Cornyn (R-Texas) pressed Supreme Court nominee Elena Kagan on her handling of military recruiters at Harvard Law School just now, implying that the recruiters had segregated access.

“In effect, you provided separate but equal means of providing access,” he said.

Kagan has insisted that the only restriction she placed on recruiters’ access to the school was not to allow them to use the services of the school’s career office. She said today she did this as a compromise that allowed her to honor the school’s non-discrimination policy — which the military violates through “Don’t Ask, Don’t Tell” — while also following laws that require schools that receive federal funds to allow military recruiters access. Despite this, she and supporters have noted, recruitment at the school remained steady, even increasing at one point.

Cornyn then asked her what impact the restriction had, “other than to stigmatize the military.”

Kagan said the policy did not stigmatize the military on campus, then repeated her earlier praise for members of the military.

Cornyn was just the latest Republican senator to bring up this issue during today’s question-and-answer session. It has, and will likely continue to be, a Republican hot-button topic over the course of Kagan’s confirmation hearings.