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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review July 4, 2010 / 22 Tammuz, 5770

Kagan's Harvard Policy Was Vapid and Hollow

By Debra J. Saunders

Debra J. Saunders



http://www.JewishWorldReview.com | Elena Kagan famously wrote that Senate judicial confirmation hearings were "a vapid and hollow charade" in 1995. Of course, as a nominee for the U.S. Supreme Court, she gains nothing by being blunt, so who can blame her for taking the cagey route?

Not I.

But I can comment on how perfectly the term "vapid and hollow charade" fits the Harvard Law School policy — barring military recruiters from using the school's Office of Career Services — which Kagan championed as the school's dean to protest the "don't ask, don't tell" policy. As she explained in a 2005 e-mail, "I believe the military's discriminatory employment policy is deeply wrong — both unwise and unjust."

In Cambridge, Mass., her position was popular. In Washington, it is not. So Kagan told the Senate Judiciary Committee last week, "We were trying to do two things, to make sure military recruiters had full access to students and protect our anti-discrimination policy."

That is, Kagan spent the week arguing that the policy was utterly meaningless.

"Military recruiters had access to Harvard students every single day I was dean," she boasted.

And: "I respect and indeed I revere the military."

Sen. Jeff Sessions, the ranking Republican on the committee, wasn't buying it. He told Kagan, "You keep referring in your e-mails and all to the military policy. Isn't it a fact that the policy was not the military policy, but a law passed by the Congress of the United States?" He complained that recruiters who had served in Iraq or Afghanistan "were appearing to recruit on your campus ... and you were taking steps to treat them in a second-class way."

And: "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?"

The answer is simple: To complain to Congress would entail standing up to Democrats, including her old boss, President Bill Clinton.

So instead, Kagan and company targeted U.S. troops acting under orders. When doing so became inconvenient — that is, when it impeded her ascension to the Supreme Court — she argued that the military ban didn't really do anything.

Kagan even boasted that under her watch, military recruitment went up.

PolitiFact, the nonpartisan fact-checker, investigated that claim and found that, "Most years, two or three students went into the military. In 2005, it was five students. We rated Kagan's statement Half True." (PolitiFact also found that the Harvard Law School Veterans Association that "did assist the military" in lieu of the Office of Career Services was "unable to provide the full range of services" available to other employers.)

Then there's the money issue. When she became law school dean in 2003, Kagan followed her predecessor's reluctant decision to end the ban on military recruitment through the Office of Career Services implemented to meet Harvard's 1979 anti-discrimination rules. The 1996 Solomon Amendment requires universities to grant the military equal access, and the law school acquiesced lest Harvard University forfeit federal funds.

The thing is, the instant she was able to claim a flimsy pretext to give the boot to military recruiters, she took the beach. When the Third Circuit Court of Appeals ruled that the Solomon Amendment was unconstitutional in November 2004, she quickly announced the law school would not sponsor military recruiters.

Later, the Supreme Court upheld the Solomon Amendment's constitutionality in an 8-0 decision — which shows how slippery her legal reasoning was.

In the meantime, the Pentagon fought back. Harvard University President Larry Summers apparently re-invited military recruiters "with little apparent input from Kagan," the Washington Post reported after the Pentagon released documents on the controversy. When Kagan could pick on recruiters, she did.

I recognize that Kagan is about as moderate a liberal as the right can expect. Barring some odd revelation, she is poised to win confirmation. The GOP would be ill advised to use the filibuster to prevent an up-or-down vote.

But let's be clear about Kagan: She says she reveres the very people whom she sought to treat as second class, while she rubbed elbows with powerful Democrats (and Republicans) who pushed the policy she found to be unjust.

Then when the policy was bad for her career, she trumpeted the many ways that she worked to get around it — why recruitment even went up.

Think about it. This was the cause that the cautious Kagan embraced, she signed an amicus brief on the issue, she put Harvard Law School on the line — all for a vapid, hollow gesture. But if she wins a spot on the big bench, where she doesn't need to win votes or to persuade nonbelievers, it won't be a charade anymore.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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© 2010, Creators Syndicate

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