Its going to be Kagan and the GOP does not have the stones to stop it.
In a remarkable e-mail that she sent to the entire Harvard law school community, Kagan stated, I abhor the militarys discriminatory recruitment policy, and she condemned it as a profound wronga moral injustice of the first order. (Of course, what Kagan called the militarys
policy was required by the law that was approved in 1993 by a Democratic-controlled Congress and by President Clinton.)
Among her other actions in opposition to the Solomon Amendmentthe law denying federal funding to universities discriminating against military recruitersKagan signed her name to a Supreme Court amicus brief in the litigation (Rumsfeld v. FAIR) that offered a highly implausible reading of the Solomon Amendment that would have rendered it, as Chief Justice Robertss opinion put it, largely meaningless. The Chief Justices opinion rejecting Kagans reading (and the other challenges to the Solomon Amendment) was unanimous.
http://bench.nationalreview.com/post/?q=ZmRiYmMzNzZjZmQ1N2IzMTg2ZWQzODkwNDU1N2EzY2U=
We will see... The Repubs should kick this tin can as far as they can. The closer to November the better. To remind the voters, and it would be another example on how crazy of a Commie leftist Obama is.