Is there a controversial issue from Kagan’s past that will seriously impact her chance of successful confirmation?
Probably the most controversial issue is her support, while dean of Harvard Law School, of the school’s decision to bar military recruiters from the campus due to the armed forces’ “don’t ask, don’t tell” policy regarding gays and lesbians. Kagan joined many deans from law schools around the country challenging a law that required universities to open their campus to military recruiters. Ultimately, the Supreme Court rejected that challenge.
