On the recordAugust 4, 2010
Absolutely. I think that is the essence of what happened. She eventually acknowledged that at no time was the Solomon Amendment not in force at Harvard when she was there. I know Senator McCain remembers that we passed four versions of the Solomon Amendment because every time one was passed, these law schools or others figured out a way to get around it. We finally wrote one they couldn't get around. This was systematic obstruction by universities that I think does not speak well of them. She also filed a brief with the Supreme Court attacking the law, and, as the Senator noted earlier, the Supreme Court rejected that brief 8 to 0. So we are not discussing the merits or demerits of a law that was passed by Congress; we are discussing then-Dean Kagan's actions in opposition to this law which were absolutely in contradiction to the law.





