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And after dod came to us and after dod told us that it wanted law schools to essentially ignore the third circuit decision 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 and we did precisely what dod asked us to do and dod never withheld -- >> well, you did not, ms. kagan, you didn't do what the dod asked you to do. just answer 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 ...

Required. congress, frankly, was very frustrated at the lawsuits. we passed four or five versions of the solomon amendment to get around every maneuver that occurred on the campus. now, is it, in effect, 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 were 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 harvar...

Says that the air force and the army say they were blocked and stonewalled and getting the run around by harvard. by the time they had realized that you 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 but you continue to persist with this view that somehow there was a loophole in the statute that harvard did not have to comply 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 b...

Because we have always tried to be in compliance with the solomon amendment. i thought that we were when dod, dod had long held that we were. when dod came back to us and said, no, notwithstanding the third circuit decision. we maintain our insistence that you're out of compliance with the solomon amendment. we said okay. >> well, in fact, you are punishing the military. they protest that they have that you spoke to on campus was that on the very time the next building or one or two buildings nearby the military was meeting there. some of the military veterans when they met with you the first ...

But after the third circuit 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 amend 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 lo...