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American people react to it. i think in his world, again, his harvard law school world, kicking the military off campus is no big deal. but i think to the american people think it's a big deal, and i think this is going to endanger her confirmation. >> reporter: but her defenders say even throughout the controversy, she praised the extraordinary service of men and women in uniform and as dean reached out to veterans and that the fight was never against the military, but was about a principle. kent greenfield founded the lead group that fought the solomon amendment. >> so, our limitations on mi...

And the american association of law schools has a policy saying that those employers who discriminate in their recruitment and hiring practices should not be allowed to recruit on law school campuses. now he's exactly correct that she did not deny them access to harvard or even to harvard law school. in fact, recruiters could be there in the exact same room. but under the sponsorship of the veterans association, rather than under the sponsorship of the career services placement. now i think an apology is in order. but i think the apology should come from the u.s. military. who using the solomo...

Over 20-year period and on top of that, she's from harvard and she has so out of touch with middle america that she refused to let the milton campus to do recruiting. there is someone out of touch with middle america. i think that will hurt obama. >> the argument was that because of the don't ask, don't tell policy the discrimination against gays serving openly in the u.s. military, the law schools had no choice. >> well, no choice, certainly they had a choice. she is president. she could have made that statement. it was clear that the solomon amendment was there and reversed by the supreme co...

When had lost control of her car, the good news is hayden was not hurt, both of his parents went to the hospital with injuries. jane: president obama's supreme court nominee elena kagan never served as a judge and that means senators are weighing whether or not to confirm her, they won't have much of a paper trail of decisions to examine, so they'll be paying plenty of attention to other aspects of her career like her time as dean of harvard law school where she objected to recruiters of the don't ask don't tell policy. shannon bream, that issue wound up going to the supreme court. what happen...

You're right. there is no paper trail on this case. i spent yesterday trying to learn what i could about elena kagan. i read editorials she wrote when she was the chairman of the daily princetonian as an undergraduate of princeton, speeches she's given. opinions she drafted for justice thurgood marshall when she was his clerk. she worked for joe biden. she worked for bill clinton. she was a professor at the university of chicago law school, dean of harvard law school. there's very little paper trail. one thing she did say, though, when she was at chicago, when people are nominees for the supre...