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McCain to oppose Kagan

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Filed: Timeline

Sen. John McCain (R-Ariz.) announced Wednesday he will vote against Elena Kagan's confirmation to the Supreme Court.

Announcing his decision in an op-ed for USA Today, McCain said Kagan's efforts to restrict military recruiting at Harvard disqualified her from serving on the court.

"She is free to have her own opinion. Kagan was not free, however, to ignore the Solomon Amendment's requirement to provide military recruiters equal access because she and many of her colleagues opposed 'Don't ask, don't tell,'" McCain said, citing the law that requires schools that receive federal funding to allow military recruiting.

Kagan argued at her confirmation hearing that Harvard was always in compliance with the Solomon Amendment. McCain didn't buy it.

"In short, she interpreted her duties as dean at Harvard to be consistent with what she wished the law to be, not with the law as written," McCain added.

A handful of other Republicans, including Sens. Jim DeMint (R-S.C.) and Orrin Hatch (R-Utah), have also announced their opposition. Kagan is still expected to be confirmed.

http://thehill.com/blogs/blog-briefing-room/news/107517-mccain-to-oppose-kagan

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