Will Kagan Oppose Coercive Federal Mandates?

As dean of the Harvard Law School, President Obama’s Supreme Court nominee, Elena Kagan, attempted to block military recruiters from the campus, but only relented when the Supreme Court ruled that the federal government could withhold millions of dollars of funding to the university. This position didn’t sit well with then-Dean Kagan, who said at the time: “The government shouldn’t use the power of the purse strings to force educational institutions to renounce their most foundational principles.” While certainly not advocating for judicial activism, Ms.

Kagan’s statement, one she made to protestors in 2004, may not be a bad sign for Texas taxpayers. Particularly, if confirmed, she consistently applied her view as a Supreme Court Justice. Don't hold your breath though.

As we know, liberals often reserve the right to be inconsistent. While Ms. Kagan sought to protect an elite university from federal encroachment, does she think this same protection should be afforded to the states?

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