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Dod agreed with us. after the third circuit, i thought it was appropriate to go back to our old policy which previously dod had thought complied with the solomon amendment, when dod came to us and said no, the third circuit really hasn't changed matters because we're going to take this to the supreme court and we want law schools really to ignore what the third circuit said, dod and we had some discussions, and we went back to doing it exactly the way dod wanted to. >> well, that's -- let's get more basic about it. >> you stopped complying and that season was lost before the military realized,...

One circuit court of appeals determined that that was unconstitutional and the supreme court eventually decided that, yes. military recruiters have to be on the campuses and the solomon amendment threatening the funds is, in fact, constitutional and elena kagan reversed the policy, and the point was because of her politics and because of her being deeply opposed to "don't ask, don't tell", personally that that led her to her decision with how she handled military recruiters and he's laying the groundwork for how her politics, he charges, would affect her time as a judge on the bench. martha: i...

And she had such a problem and she worked for him and wanted to kick the military off of her campus recruiting office and she said they had equal access through this veterans and recruiting went up during my tenure and critics said thanks to the hustle of the veterans, that is why the numbers went up, she cannot take credit for that. martha: it is interesting, and, he was narrowing it down to that, how do you feel about the military, when given the opportunity to work with them you gave them the run around, he said, and she said i revere the military and he said i'm not sure, which i thought, ...

Students know that the military recruiters were going to be at harvard during that recruiting season and military recruiting went up that year, not down. so you're exactly right, that the supreme court did reject our amicas brief. again, we filed an amicas brief not attacking the constitutionality of the solomon amendment but instead saying that essentially the harvard policy complied with the solomon amendment, the supreme court rejected it 9-0, unanimously. >> but even before that the military said the law was still in effect, harvard had no right to get around it, and they should comply eve...

Chief justice berger wrote a concurrence to raise questions likely to arise in the future. these questions included that large corporations would have an unfair advantage in the political process. he had amazing insight because people are making such arguments today. that also involved the first amendment protect of the press that burger noted how the government tried to limit what may be said about it. he concluded quote in short the first amendment does not belong to any definable person or entities but to all who exercise its freedoms unquote. do you agree with that? >> i'm sorry, senator h...