Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

PolitiFact: Supreme Court rejected Kagan's position on military recruiters at Harvard

The statement

On military recruiters at Harvard, Elena Kagan "took a position and the Supreme Court ruled unanimously that she was wrong."

Sen. John Barrasso, R-Wyo., Monday on Fox News

The ruling

The controversy over military recruiters began before Supreme Court justice nominee Kagan became dean of Harvard Law in 2003. Harvard was one of several top-tier law schools that tried to ban military recruiters because of a policy that prevented gays and lesbians from serving openly in the military.

Congress threatened to yank funding for schools that banned recruiters through a measure known as the Solomon Amendment. Schools and recruiters tried to sort out their differences in the intervening years, with some schools providing partial access. The issue came before the Supreme Court in 2004 in Rumsfeld vs. Forum for Academic and Institutional Rights, or FAIR. FAIR was an association of law schools that opposed the Solomon Amendment.

In her role as a professor of law at Harvard, Kagan signed onto an amicus brief (sometimes known as a "friend of the court" brief) filed by 40 Harvard professors that argued that the federal government should not be able to withhold funding if the schools applied the same policies to all recruiters. Harvard required all recruiters to sign forms indicating they would not discriminate against applicants based on sexual orientation.

The Supreme Court, however, disagreed in an 8-0 ruling on March 6, 2006. The opinion, written by Chief Justice John Roberts, rejected the claims of Kagan and the other law professors that the school had the right to enforce nondiscrimination policies. "Under the statute, military recruiters must be given the same access as recruiters who comply with the policy," the opinion said.

Justice Samuel Alito did not participate because he had not yet been seated to the court when oral arguments were made.

Barrasso said "the Supreme Court ruled unanimously that (Kagan) was wrong" and we rate the statement True.

This ruling has been edited for print. For the full version, and other rulings, go to PolitiFact.com.

PolitiFact: Supreme Court rejected Kagan's position on military recruiters at Harvard 05/11/10 [Last modified: Tuesday, May 11, 2010 10:34pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times

    

Join the discussion: Click to view comments, add yours

Loading...
  1. Officially official: Malik Zaire, Jake Fruhmorgen join Florida Gators

    Blogs

    It's finally, officially official: Malik Zaire has joined the Florida Gators.

  2. Support for gay marriage surges, even among groups once wary

    Nation

    NEW YORK — In the two years since same-sex marriage was legalized nationwide, support for it has surged even among groups that recently were broadly opposed, according to a new national survey.

    People gather in Washington's Lafayette Park to see the White House lit up in rainbow colors on June 26, 2015, the day the Supreme Court ruled that same-sex marriage legal. In the two years since same-sex marriage was legalized nationwide, support for it has surged even among groups that recently were broadly opposed, according to a new national survey released on Monday, June 26, 2017. [Associated Press]
  3. June 26 marks the 20th anniversary of the Harry Potter series.
  4. Air bag recalls, lawsuits lead Takata to file for bankruptcy

    Autos

    Shattered by recall costs and lawsuits, Japanese air bag maker Takata Corp. filed Monday for bankruptcy protection in Tokyo and the U.S., saying it was the only way it could keep on supplying replacements for faulty air bag inflators linked to the deaths of at least 16 people.

    Japanese air bag maker Takata Corp. CEO Shigehisa Takada bows during a press conference in Tokyo on Monday. Takata has filed for bankruptcy protection in Tokyo and the U.S., overwhelmed by lawsuits and recall costs related to its production of defective air bag inflators.
[(AP Photo/Shizuo Kambayashi]
  5. Philando Castile family reaches $3 million settlement in death

    Crime

    MINNEAPOLIS — The mother of Philando Castile, a black motorist killed by a Minnesota police officer last year, has reached a nearly $3 million settlement in his death, according to an announcement Monday by her attorneys and the Minneapolis suburb that employed the officer.

    A handout dashboard camera image of Officer Jeronimo Yanez firing at Philando Castile during a traffic stop in Falcon Heights, Minn., July 6, 2016. [Minnesota Bureau of Criminal Apprehension via The New York Times]