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Harvard law school against it. but i think the point is whether or not "don't ask don't tell" is immoral. the point is, is it discriminatory? and the american association of law schools has a policy saying those employees who discriminate -- employers who discriminate in their recruitment and hiring practices should not be allowed to recruit on law school campuses. he's correct that she did not deny them access to harvard or even to harvard law school. recruiters could be there in the exact same room, but under the sponsorship of the veterans' association rather than the sponsorship of the car...

Science research, they used the solomon amendment to bully in order to force a second class citizenship right and then demand equal access to equal hiring practices. >> i think there's a political aspect to this. this narrative that barack obama doesn't like the military. barack obama is anti-military, not involved emotionally in this war against terrorism. he somehow does the job but he's not a real cop out there or have the attitude you want in this front against terrorism. they're going to use it, right? people like kyl? kyl is always in bed with the neoconservatives. he's always the lead d...

The elite law schools but not the state universities which have law schools as well. >> it included the state universities as well. in fact, the american association of law schools has a requirement for accreditation that schools follow the policy of nondiscrimination. so the only schools in the united states that did not exclude the military were those that had religious reasons for not doing so. all of the law schools who were accredited did have that policy. nothing unusual about harvard. >> professor, as you know though, once that issue went before the supreme court, it was unanimously -- ...

In the mid-1990s. it allows the department of defense to withhold funds from any university or college that does not allow the military to use the school's career services office to recruit students. in 2002, after 9/11, the bush administration started vigorously enforcing that rule at colleges across the country, many law schools openly opposed allowing military recruiters full access to campus, among them harvard law school's dean, elena kagan. >> reporter: harvard law school's anti-discrimination policy requires employers recruiting on campus to not discriminate on any basis, including sexu...

Order, kind of up there were holocaust, and she then i think when she was overturned, overwhelmingly, even by the justice she's going to be replacing, by the way, a the amicus brief that she filed in this case, it turned out -- it turned out that she wasn't going to quit her job over it. she wasn't going to actually do more than posture on this. so, we don't have much to go on. it's kind of like barack obama's law school record. we don't have much to go on there, too, and we need to get to the bottom of this. >> she never made any comparisons to the holocaust. you are describing it. she said i...