Magazine August 16, 2010, Issue

Solomonic Wisdom

Elena Kagan, while dean of Harvard Law School (Zuma/Newscom)
Congress should defend religious freedom on campus as it defended military recruiting

On June 28, the Senate Judiciary Committee began hearings on Elena Kagan’s Supreme Court nomination. On the same day, the Court announced its decision in Christian Legal Society v. Martinez. The coincidence was appropriate, because there was a striking complementarity between that ruling and a major controversy in Kagan’s career.

In Martinez, a 5–4 majority upheld the decision of UC–Hastings College of the Law, in San Francisco, to marginalize a group of Christian law students. As it happens, several years ago Kagan led a failed effort to marginalize the American military on the campus of Harvard Law School. The fact that

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