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Faculty, elena kagan, then harvard's law school dean, reluctantly agreed to lift the restrictions. but added, quote, this action causes me deep distress, as i know it does a great many others. i abhor the military's discriminatory recruitment policy. the importance of the military to our society and the extraordinary service that members of the military provide to all of the rest of us, makes this discrimination more, not less, repugnant. the solomon amendment was challenged by a group of law schools. november, 2004, the third circuit court of appeals sided with the university. one day later, ...

Elena kagan has a stealthy record. on those matters where she's been vocal, clear she's indulged her policy preferences. you refer to the solomon amendment, excluded military recruiters from campus during wartime at the same time gave access to law firms detaining guantanamo. you have someone supposedly picked because of real life experience but there isn't much experience to speak of in terms of real life. no judicial experience o. >> the lack of judicial experience already from at least her supporters been shot down because they point to justice william renquist, the chief justice. he had no...

Solomon amendment that said, no, if you don't allow the military on campus you cannot get federal money and then harvard backed down. >> let me be clear. wasn't the harvard position not to allow organizations on campus that discriminated and her reading of it was that don't ask, don't tell discriminated against gays and lesbians in the military? >> yes. that's what she felt. she felt this was discriminatory, but it was the established policy of the united states, president clinton's policy and she could work to change that, but i don't think it was acceptable. i do not believe it was acceptabl...

That will give us something to look at. >> help us with our research a little bit here. you mentioned that perhaps there may be things in her writings that might be a little troubling. you used the word "troubling." what have you uncovered early in the process that might be troubling to you? >> well, the thing i was personally involved with was the solomon amendment. what happened was a number of law schools, harvard being, i think, a leader when she was there would not allow the military recruiters to come onto the law school to recruit jag officers for the military because she didn't agree w...

People. they know these hearings on capitol hill can be contentious. you've heard her mention she's a mets fan, sit besides sonia sotomayer who is a yankees fan and get her a pin striped robe. she clerked for thurgood marshall. he called her shorty. she's 5'3". you see tepid responses from capitol hill and republicans. first read, there were seven republicans who voted for her as solicitor general but nearly all of them have put out statements saying, look, voting for her for solicitor again, a temporary position is very different from the supreme court. two big issues for her, not only her ex...