Emily Bazelon writes:
Kagan signed onto a court brief in the [Solomon amendment] case, making a slightly different argument. She also spoke out, saying, “The military policy that we at the law school are overlooking is terribly wrong, terribly wrong in depriving gay men and lesbians of the opportunity to serve their country.” But here, too, she’s got protection: She was one of 40 law professors who signed that brief. In law school faculties at the time, people were falling over themselves to oppose the Solomon Amendment. Eight other universities filed briefs, along with 56 Columbia law professors and 44 Yale law professors. At some schools, it was out of the mainstream not to sign.
So Kagan fit in perfectly among liberal academics even if that meant taking a position to the left of eight Supreme Court justices (including every liberal one). This may not be everyone’s idea of a good argument for Kagan.
Bazelon implicitly counsels the White House to shift the argument to the merits of Don’t Ask, Don’t Tell, but I don’t think that will work. I think most people are perfectly capable of simultaneously taking the views that the policy ought to be repealed, that military recruiters should have equal access to campus, and that universities have no constitutional right to deny them access while getting funding.