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Thursday, July 1, 2010
Reed Suggests Solomon Amendment 'Settled Federal Law' Under Kagan
Topic: Newsmax

Ralph Reed's June 30 Newsmax column on Elena Kagan contains this curious statement:

Her defiance of settled federal law in banning military recruiters from the campus of Harvard Law School during a time of war reveals the temperament of an ideologue and a political partisan, not the temperament of a judge.

There is no federal law we know of, settled or otherwise, that forbids banning of military recrutiers "during a time of war." Reed is presumably referring to the Solomon Amendment, which cut off federal funding to schools who banned military recruiters. Given that a challenge to the Solomon Amendment was in the federal court system while Kagan was Harvard Law School dean -- and that a ruling by a federal appeals court that the amendment was unconstitutional gave Kagan an opening to keepmilitary recruiters from using the school's career office for a semester -- the suggestion that the Solomon Amendment was "settled federal law" is utterly absurd.

If this is the kind of commentary Reed is given permission to serve up as part of Newsmax's reputation rehabilitation program, why bother?

Posted by Terry K. at 11:24 AM EDT

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