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Treating them as second class citizens, bat giving them equal access because you deeply opposed that policy. why wouldn't you complain to congress and not to the dutiful men and women who put their lives on the line for america every day? >> senator session, you're of course right that the solomon amendment is law, passed by congress >> how much i honored everybody who was associated with the military, on the harvard law school campus. all that i was trying to do, was to ensure that harvard law school could also comply with the anti-discrimination policy, a policy that was meant to protect all...

Slide by, this is my opinion and this is your opinion it doesn't make any difference. there are true facts here. i would say that it raises questions. i don't think she helped herself with that testimony today. >> but do you think that -- your version, let us say, and agree with you and stipulate that your version is correct. >> yeah. >> is that enough to keep her off the supreme court? >> it raises additional questions in my mind. i didn't expect this kind of testimony. i didn't think that she would be -- it seems to me, just going along with the white house spin on it that i have felt was in...

Military. who might very much want to do that most honorable kind of service that a person can do for her country. >> that's a legitimate concern and people can disagree on that and i respect your view on that, i'm having difficulty with why you would take the steps of treating the military in the second class way to speak to rallies and send out e-mails, and to immediately, without legal basis, because the solomon amendment was never, at any time, not enforced as a matter of law, why would you do all of those things, simply to deny what congress required that they have equal ac as anyone else...

Meeting, and in addition to that a lawsuit was filed in a different circuit, the third kir suggest -- circuit, and you participated in the filing of a brief attacking the don't ask don't tell policy, is that correct? >> senator sessions, that's not quite correct. the lawsuit itself brought a constitutional challenge to the don't ask don't ask tell to the solomon amendment. we did not participate in that challenge. what the brief that i filed did do was to argue, try to argue, that harvard's accommodation, which allowed -- which, you know, welcomed the military on campus, but through our vetera...

Rule, 2-1, questioning the constitutionality of the statute, you immediately, the very next day, changed the policy at harvard and barred the military from the office of career services, the equal access the solomon amendment had required, is that correct? >> senator sessions, after the third circuit ruled the solomon amendment unconstitutional and the third circuit was the only appellate court to have issued a decision on that question and did rule the solomon amendment unconstitutional, i thought it appropriate at that point to go back to what had been the school's long standing policy which...