Page 8 - Solomon Amendment News Today

When an undergraduate aspirins -- at princeton and speeches since shes been solicitor general and opinions for justice thurgood marshall when she clerked. so there are things people can look at to get an indication of where her thinking is. >> sometimes our leader for shadow and john kyle says shes a liberal but we could have done worse. shes not far off base for him. bill kristol, editor of the weekly standard and contributor for fox news channel, noted conservative said shes antimilitary becau...

>> kelly odonnell, thanks so much. and elena kagan also on capitol hill today. jeff sessions, the ranking republican went after kagan for her role in military recruitment while dean as harvard law school. >> we did precisely what dod expected us to do, and dod -- >> you did not, ms. kagan. you didnt do what the dod asked you to do. just answer this -- put your legal at hat on for a second. the third circuit opinion never stayed the enforcement of the solomon amendment at harvard, did it? that ...

Nonprofit corporation. >> okay. yeah, well, there was no foreign corporation involved. thats one of the points im trying to establish, and it was misstatement of the law. im not here to beat up on president obama. i just want to make this point, and, yet, its been accepted like its true. it isnt true. in the first national bank of boston versus belotti, the supreme court heltd um more than 30 years ago the identity of the speakers not decisive in determining whether speech is protected. corporat...

We would have a great law firm here. it got a little contentious there, taking issue with her but more so with this big case of citizens united. that was more orrin hatch living a lecture to the left that deals with the first amendment rights? >> first amendment rights are always a big issue in the supreme court and his is a case that shows how first amendment rights have shifted over time. the traditional first amendment rights are about individuals, the right to protest and speak out and the r...

In terms of just straight legal issues, i dont think theres a lot to go on on either side because elena kagan hasnt been a judge before. shes taken the position in the clinton administration and the obama administration as the solicitor general but she hasnt written a lot on how she would interpret the constitution so its likely to be kind of vague on that score. >> she was in a case where she took over the law school, she took over as dean of the law school when there already was a policy in pl...

Latest updates on this topic.

Competence and ability, experience and philosophical and judicial temperament. on that test, elena kagan fails. and he goes on in the body of the op ed to talk about how when she was dean of harvard law, she was squarely against "dont ask, dont tell" or she barred military recruiters from the harvard campus which the senator says flies in the safe of the solomon amendment. >> so here are the other republicans against kagan. john mccain, johnny isaacson, mitch mcconnell, orrin hatch, lisa makowsk...

As the court said in citizens united, no other case held that congress prohibited independent contributions based on the identity of the speaker. austin was the aberration, the exception, the break in the courts consistent pattern of precedence. and mr. chairman, im going to need about 30 seconds more to finish. >> 30 seconds more. >> many folks have attacked the decision saying it is a prime example of quote conservative judicial activism unquote because it ignored precedent by overruling austi...

>> the first amendment protects awful our rights. >> right. in citizens united -- i get tired of people on lft hoe oh left saying its a terrible case. in citizens united, the court listed at least 25 precedents dating back almost 75 years. heres a list of them. holding jenly that the first amendment protects corpse speech and specifically that it protects corporate political speech. now, i would like to put these cases in the record at this point. on the other side of the press denial kale does ...

Latest updates on this topic.