Senator Jon Kyl (R-Ariz) said on "Face the Nation" last night that he doesn't believe the GOP will attempt to filibuster Supreme Court Nominee Elena Kagan. He said on the program, "The filibuster should be relegated to the extreme circumstances, and I don't think Elena Kagan will represent that." However, that won't stop them from believing she "violated the law"!
Senator Jeff Sessions believes Kagan actually violated the law by not allowing military recruiting on campus at Harvard Law School while she was dean. The prohibited recruiting because the military's "Don't Ask, Don't Tell" policy violated the school's anti-discrimination rules, but Sessions called the issue "no little-bitty matter." Kagan lifted the ban after the Supreme Court ruled that tying school funding to military recruiting was constitutional. Sessions told ABC's "This Week", "She was a national leader in that, and she violated the law of the United States at various points in the process."
Newt Gingrich echoed the sentiment at an NRA meeting yesterday, saying, "She, as Dean of the Harvard Law School, took an effort to block the American military from the Harvard campus all the way to the Supreme Court during a war. And that is an act so unbecoming of an American that she should be disqualified from the very beginning." But Democratic Senate Judiciary Committee Chairman Patrick Leahy came to Kagan's defense, calling Sessions' judgments "like in Shakespeare. Sound and fury signifying nothing."
Sessions also addressed the rumors of Kagan's sexuality on the show, saying he didn't believe homosexuality was "a fundamental judgment call on whether a person can be a good judge or not." He said, "We need to know how able they are to ascertain the real legal issues in a case and deciding it fairly and justly. Will they restrain their personal political views and follow the law faithfully and serve under the Constitution? That's the fundamental test in personal integrity."