National Review, August 16, 2010, with Matthew J. Franck.
n 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 Harvard failed where Hastings succeeded may point the way toward a rectification of the wrong that was committed in the Martinez case….