Supreme Court nominee feels 'Don't ask, don't tell' can’t be justified

Supreme Court nominee feels 'Don't ask, don't tell' can’t be justifiedThe military's "don't ask, don't tell" policy is unwise and unjust, U. S. Solicitor General Elena Kagan, President Obama's Supreme Court nominee, said on Wednesday.

"I was trying on one hand to ensure military recruiting, and on the other, defending the school's long-standing antidiscrimination policy. I had an institutional responsibility. …said Kagan, when asked by Sen. Jeff Sessions, R-Ala., about her action to ban military recruiters from Harvard University's career services office while she was dean of the Law School.

Kagan said, "The military … had excellent access to our students."

Earlier in her testimony, Kagan said people need to trust that the court is "entirely non-political."

Kagan said during questioning by Sen. Sheldon Whitehouse, D-R. I., "Every judge has to do what he or she thinks the law requires. But on the other hand, there's no question that the court is served best and our country is served best when people trust the court as an entirely non-political body."

It has also been reported that Kagan, in her third day of Senate hearings, also heralded the advantages of "narrow decisions" that form "consensus" over "broad, far-reaching decisions" that create division on the court, refuting Whitehouse's assertion that today's court is motivated by politics.

Kagan said, "I'm sure that everybody up there is acting in good faith."

Sen. Amy Klobuchar, D-Minn., asked Kagan to share her thoughts on free speech and the First Amendment.

She further added, "Even as we understand the absolute necessity … for protection of speakers from libel suits, from defamation suits, we should also appreciate that people who did nothing to ask for trouble … can be greatly harmed when something goes around the Internet, and everybody believes something false about a person. … That's a real harm, and the legal system should not pretend that it's not."

The Los Angeles Times also reported that Kagan's nomination is expected to meet minimal resistance from the GOP, with Sen. John Cornyn, R-Texas, Wednesday calling her "soon-to-be Justice Kagan." (With Inputs from Agencies)