John McCain: I'm Voting Against Elena Kagan

By: Brian Montopoli
Topics: Supreme Court

(Credit: Chris Usher)

Sen. John McCain has announced that he will vote no on confirming Supreme Court Nominee Elena Kagan, citing her handling of the military recruiting as dean of Harvard Law School.

Kagan "unmistakably discouraged Harvard students from considering a career in the military -- even while claiming to do otherwise -- by denying military recruiters the same access to Harvard students that was granted to white-shoe law firms," McCain wrote in an op-ed posted to the website of USA Today that will be published in the paper tomorrow.

He continues: "Kagan did so because she believed the military's 'don't ask, don't tell' policy to be 'a profound wrong -- a moral injustice of the first order.' While Kagan is entitled to her opinion, she was not entitled to ignore the law that requires universities to allow military recruiters on campus under terms of equal access with all other recruiters."

It's not clear that Kagan did actually "ignore the law," as Mark Murray points out - she instructed Harvard's Career Services office to bar military recruiters after the law in question, the Solomon Amendment, was deemed unconstitutional. Kagan, who said "don't ask, don't tell" conflicted with Harvard's non-discrimination policy, changed course after the law was reinstated.

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Elena Kagan's Confirmation Hearing

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McCain writes that Kagan "tried to justify her actions" by asking the school's Veterans Association to host military recruiters. But he said that wasn't enough. The senator suggests that the nominee "interpreted her duties as dean at Harvard to be consistent with what she wished the law to be, not with the law as written."

"I have previously stated that I do not believe judges should stray beyond their constitutional role and act as if they have greater insight than representatives who are elected by the people," McCain writes. "Given the choice to uphold a law that was unpopular with her peers and students or interpret the law to achieve her own political objectives, she chose the latter. I cannot support her nomination to the Supreme Court where, based on her prior actions, it appears unlikely that she would exercise judicial restraint."

McCain, who is facing a tough primary challenge from the right, also opposed President Obama's first Supreme Court nominee, Sonia Sotomayor, though he backed President Clinton's two Supreme Court picks.

The former GOP presidential nominee, who is not a member of the Senate Judiciary Committee, joins Sens. Bob Bennett, Jim DeMint, Orrin Hatch, Jim Inhofe, Mitch McConnell and Lisa Murkowski in publicly announcing opposition to Kagan, as USA Today notes. Still, with Democrats maintaining a strong majority in the Senate and a Republican filibuster looking unlikely, Kagan is expected to be confirmed easily.

CBSNews.com Special Report: Elena Kagan
Sessions: Kagan "Failed Her Own Test"

Brian Montopoli
Brian Montopoli is the senior political reporter at CBSNews.com.
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by gas-guzzler July 8, 2010 1:00 PM EDT: This Ruse of a Nomination is nothing more than a well placed political hack for others to control as she obviously is very much a "yes" person that is evident with her past jobs she's held.

Immediate dismissal is required of Ms. Kagan's nomination to the U.S. Supreme Court.

1) Her experience in anything to do with a court room is absent.

2) Her "joke' concerning the question that was placed in where she was on Christmas was appalling to me and many (even though I'm agnostic). With her response it indicates to me that she only respects herself and her agenda, not to millions of Christians or Jews that she may had offended. The laughter by the "committee" also was right out of a canned sit-com charade!

3) She obviously has a very strong "progressive" (what I call communist) view of the world and how a government is to be used to control the masses. She actually reminds me of a former Soviet Union ?Political Officer? or ?Block Commissar? in her character, actions and deeds that include her strong dismay and negative feelings for our military. Remember, a lot of the successful Generals, Officers and NCO's under Stalin's USSR that won the war against the Nazi's where sent to Gulags by these well placed soviet "officials".

4) She has not written anything that is distinguished nor actually litigated or judged which is troubling immensely! I find that she is nothing more than an Academia Elite that has an empirical view from a much pampered Campus life, which is nowhere near where 99% of the U.S Citizenry is from. I find her to be naive to the real America due to this fact.

5) Her replies to many of the questions asked were of mainly confusing riddles with no definitive conclusion of an answer.

6) Any Senator who votes for her nomination is a fool and is discrediting their integrity and honor as it will be proof they have no moral compass and total disregard for the American citizenry

What we need to have sit at the highest court of the land are people whom are Noble, Dignified, and Honorable, whom have shown great judgment through deeds and actions along with published distinguished writings.; Reply to this comment

by cleric60 July 8, 2010 11:58 AM EDT

Kagan "unmistakably discouraged Harvard students from considering a career in the military -- even while claiming to do otherwise -- by denying military recruiters the same access to Harvard students that was granted to white-shoe law firms,"
GREAT --we are going to have another liberal/socialistic S.C. judge deciding our future laws. God have mercy on us all!

Reply to this comment


by Repubforlife July 9, 2010 1:24 AM EDT: Well said. I would be surprised if anyone who respects our Military men and women thought Kagan was fit for this position. I am glad McCain continues to stand up for our Nation and our State.


by wfw3536 July 8, 2010 11:14 AM EDT: How could anyone vote for this lady who does not support our troops. She was forced by the courts to let the Armed Forces on the Harvard campus. We should not have a hater of our Armed Forces on the Supreme Court.; Reply to this comment


by user000049586849302948602 July 8, 2010 8:17 AM EDT: Where's his flag pin anyway? Why does he hate America so much?; Reply to this comment


by 6591Hou July 8, 2010 7:20 AM EDT: McCain's vote is meaningless, an empty gesture made on a deserted stage to an empty theater.; Reply to this comment


by abbe91 July 8, 2010 6:41 AM EDT: I am not crazy about McCain as a politician, but he can stack up his time in the Navy as a naval aviator with 27 missions over North Vietnam to most records out there.
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I hope the 27 missions were worth the 5 aircrafts he trashed (only one in action).
I wouldn't even mention the USS Forrestal ... McCain is just history (not the lowercase "h").; Reply to this comment


by truth-b-toll July 8, 2010 12:23 AM EDT: SHOCKER!; Reply to this comment


by pasmalltown July 7, 2010 10:34 PM EDT: "John McCain: I'm Voting Against..."
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This kind of says it all.........; Reply to this comment


by user000049586849302948602 July 7, 2010 10:03 PM EDT: What's with the intense look in the photo, John? Looks like he's about to blow a gut.; Reply to this comment


by OIF_to_USC July 7, 2010 6:54 PM EDT: by thebob-bob July 7, 2010 6:44 PM EDT
McCain has devolved into a hateful rightwing reactionary. What happened to 'A president should be able to appoint ....."

America will never forgive him for inflicting Palin on the National scene.

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Palin was a big mistake, but that doesn't lessen the blow our country is enduring from the Obama/Holder Regime. According to the rules of our constitutional republic, a president can "nominate," and the Congress will "confirm" or "not confirm." Checks and balances are written into our government for a reason.; Reply to this comment