Elena Kagan Nails the Injustice of "Don't Ask, Don't Tell"

If you're up for some riveting Washington, D.C. drama, look no further than the Supreme Court confirmation hearings for Elena Kagan, the contender for Justice John Paul Stevens' now vacant seat. Yes, modern day Supreme Court confirmation hearings tend to get about as interesting as watching paint dry, grass grow, or those weird breaks on C-SPAN where Congress members just mingle around the chamber. But for a few short minutes today, the Elena Kagan confirmation hearings took a turn for the interesting.

That's because Alabama Senator Jeff Sessions tried to attack Kagan for her previous comments slamming the military's "Don't Ask, Don't Tell" policy. Yes, in years past, Elena Kagan has said such things as "I abhor the military's discriminatory policy," and "I consider [Don't Ask, Don't Tell] a profound wrong, and a moral injustice of the first order."

Sure, those are comments that probably reflect the sentiments of upwards of 80 percent of Americans, who in recent polls say that "Don't Ask, Don't Tell" has got to go. But that wasn't stopping Sen. Sessions from trying to use those comments as a means of attacking Kagan as a gay-friendly politico who loathes our troops.

"You were punishing the military," Sen. Sessions said to Kagan during the hearings. He noted that as Dean of Harvard Law School, Kagan joined with a team of others who took issue with military recruiters on campus, since the military openly discriminates against gays and lesbians.

But with all due respect to Sen. Sessions, Elena Kagan schooled him. Like Fred Astaire taking on Kate Gosselin in a dance contest.

"I respect and indeed revere the military. My father was a veteran. One of the great privileges of my time at Harvard Law School was dealing with all these wonderful students we had who served in the military, and students who wanted to go into the military. And I always tried to make sure that i conveyed my honor to the military," said Kagan, in response to Sen. Sessions. "But I also felt indeed to defend our school's very long-standing anti-discrimination, and protect the students who were meant to be protected by that policy: the gay and lesbian students who wanted to serve in the military and do that most honorable kind of service."

Then, to completely clear the air and make it as point blank for Sen. Sessions as she possibly could, Kagan also said during her testimony that "Don't Ask, Don't Tell" is an abhorrent policy.

"Sen. Sessions, I have repeatedly said that I believe 'Don't Ask, Don't Tell' is unwise and unjust. I believed it then and I believe it now," Kagan said. Cue the refreshing burst of honesty when it comes to politics inside the Beltway.

Sen. Sessions, for his part, shows no signs of wanting to let the issue of "Don't Ask, Don't Tell" go. After he finished questioning Kagan during the hearing today, he then went on to tell reporters that he thinks Elena Kagan is a liar, and possibly committing perjury for suggesting that military recruiters has adequate access to students at Harvard Law School. Sen. Sessions continues to believe that Kagan pulled a George Wallace when it came to letting recruiters on campus, standing in front of the doors of Harvard Law School with a "Do Not Enter" sign, even if reality (and a heaping pile of evidence) suggests otherwise.

Of course, Sen. Sessions has every right to pursue this line of questioning, and I'm sure for a few folks in his party (Sen. Sessions is a Republican), the theatrics of a Sessions vs. Kagan battle is a bit of red meat. But in the court of popular opinion, Sen. Sessions is getting dangerously close to looking a bit like a bully, and someone out of touch with reality.

For all the baggage that Elena Kagan might have, her stance on "Don't Ask, Don't Tell," and her actions as Dean of Harvard Law School to enforce an anti-discrimination policy, just doesn't stir up controversy. Heck, even the Dean of West Point has said that Elena Kagan showed no disrespect to the military. Sen. Sessions can continue to argue otherwise, but he will lose. And he will look like a meanie in the soundbyte world of mainstream media.

(Full disclosure, I've met Elena Kagan several times, and used to work at Harvard Law School during her tenure as dean. Two things I remember: she's got a sense of humor, and often times I would see her take the stairs instead of the elevator, which a psychotherapist would probably say has something to do being ambitious.)

Photo credit: C-SPAN