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When an undergraduate aspirins -- at princeton and speeches since she's 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 she's a liberal but we could have done worse. she's not far off base for him. bill kristol, editor of the weekly standard and contributor for fox news channel, noted conservative said she's antimilitary because of her push to keep the recruiters off campus based on don't ask, don't tell, which looked li...

>> kelly o'donnell, 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 didn't 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 law remained in effect. >> senator sessions, the question was -- >> no, that's my question to you....

Nonprofit corporation. >> okay. yeah, well, there was no foreign corporation involved. that's one of the points i'm trying to establish, and it was misstatement of the law. i'm not here to beat up on president obama. i just want to make this point, and, yet, it's been accepted like it's true. it isn't 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. corporations contribute to the discussion, debate and the dissim nation ideas that the first amendment...

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 right to support unpopular causes. but this is a case that talks about the first amendment rights of ...

In terms of just straight legal issues, i don't think there's a lot to go on on either side because elena kagan hasn't been a judge before. she's taken the position in the clinton administration and the obama administration as the solicitor general but she hasn't written a lot on how she would interpret the constitution so it's 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 place at the time, the solomon amendment that kept recruit -- that overturned the solomon amendm...