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Tried to adhere to the rules of harvard university and allow military recruiting at the same time. >> jeffrey, let me bring your legal brain back into this because there's a lot of back and forth and people trying to understand. and republicans certainly trying to paint it a certain way. but remind us exactly what she did when it comes to the law. it sounds like she just wouldn't allow these recruiters into a certain area of the school versus having access to the students. so break this down for us with all this legal back and forth. >> right. sorry to mac it even more complicated. what happen...

Required. congress frankly was frustrated at the law school. we passed four or five versions of the solomon amendment to get around every maneuver that occurred on the campus. now, isn't it a fact that the mandate or the injunction never issued by the third circuit, that the third circuit holding did not apply to harvard at the time you stopped complying with the solomon amendment, and isn't it a fact that you are acting in violation of harvard's agreement and the law when you reversed policy? >> senator sessions, we were never out of compliance with the law. nobody ever suggested that harvard...

That it wanted law schools to essentially ignore the third circuit decision, that it wanted -- that it was going to take that decision to the supreme court and that it wanted law schools to continue to do what they had been doing, we did change back, we did precisely what dod asked us to do, and dod never withheld the -- >> well, you didn't, ms. kagan, you didn't do what the dod asked you to do. just ask this, put your legal hat on for a second, the third circuit opinion never stayed the enforcement of the solomon amendment at harvard, did it? did that law remain in effect? >> senator sessions...

Supporters have been trying to say she dheecontinued the polic she didn't institute, but the truth is what happened while she was dean is the third circuit court in philadelphia, federal appeals court struck down the solomon amendment and as soon as they did it. she at harvard in the 1st circuit, not bound by the third circuit decision saying you no longer have to follow the solomon amendment she nantly reverted back to an old policy that essentially hurt the military that didn't allow them full access and sessions said you didn't have to follow the 3rd circuit decision and you were in the 1st...

Were blocked, they were stonewalled, they were getting the runaround from harvard. by the time they realized that you had actually changed the policy, that recruiting season was over. and the law was never not in force. i feel like you mishandled that. i'm absolutely confident you did. and -- but you continue to persist with this view that somehow there was a loophole in the statute that harvard did not have to come ply with, after congress had written a statute that would be very hard to get around. what did the supreme court do with your brief, how did they vote on your brief, attacking the ...