Top GOP senators wasted no time Monday putting the controversy over gays in the military at the center of Supreme Court nominee Elena Kagan's confirmation fight.
Moments after President Barack Obama nominated Kagan for the high court, key Republicans seized on her controversial role trying to block military recruiters from Harvard Law School in protest of the Pentagon's policies preventing gays and lesbians from serving openly in the armed forces.
"I think she made a big mistake," opined Alabama Sen. Jeff Sessions, the top Republican on the Judiciary Committee. "Was that disqualifying? I don't know. We'll see. But it's a significant issue."
While serving as dean at Harvard Law in 2003, Kagan said she "abhorred" the military's "discriminatory recruitment policy." She called it "a profound wrong - a moral injustice of the first order."
Kagan supported other schools challenging a federal law requiring that recruiters be given equal access or face the loss of federal funding. Among other things, she argued that granting equal access, in the light of the so-called "don't ask, don't tell" policy, violated Harvard's anti-discrimination policy.
The Supreme Court, however, unanimously upheld the law in 2006.