How Elena Kagan worked to limit military recruiting at Harvard

Christian Science Monitor: “When an appeals court issues an opinion, that doesn’t mean the opinion takes immediate effect. The government appealed the Third Circuit’s decision to the US Supreme Court. To facilitate the appeal, the Third Circuit stayed its ruling, and postponed its suggestion than an injunction be issued against enforcement of the Solomon Amendment. Nonetheless, the day after the Third Circuit opinion, Kagan announced that the law school would return to its prior policy sharply limiting the access of military recruiters . . .  In her statement, Kagan said that the Third Circuit ruling had ‘enjoined the enforcement of the Solomon Amendment.’ That statement is true but misleading given that the case would almost certainly be appealed. If appealed, the force of the decision would likely be stayed pending the outcome of the appeal.”