A former JAG officer at Guantanamo Bay argues that Supreme Court nominee Elena Kagan violated the law as dean of Harvard Law School when she kept military recruiters off the campus, according to a report by CNS News.com.
“Her decision to keep JAG recruiters off of Harvard Law School grounds, and to not allow them to come to Harvard and talk to law students about joining the JAG Corps, was wrong,” said professor Kyndra Rotunda.
Rotunda referred to Kagan's 2005 decision to reinstate a ban keeping military recruiters from the law school because, she maintained, the military policy discriminated against homosexuals.
The scholar, now visiting assistant professor of law and director of the AMVETS Legal Clinic at Chapman University Law School in Southern California, said Kagan 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 says. “And when she disagreed with federal law, she just simply decided not to follow it. And the Supreme Court unanimously found that the law was constitutional, and there was no reason to keep recruiters off of law school grounds."
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