"I voted against Ms. Kagan's confirmation as Solicitor General of the United States in 2009 because of her support of a ban on military recruiters at Harvard University," Isakson said. "Her lack of appellate trial experience also concerned me greatly.
"I believe a qualified judge is one who understands the value and the strength and the power of the Constitution of the United States of America, who will rule based on the law and who will not legislate through activist judicial decisions. I do not believe Ms. Kagan's record has met this standard."
Kagan denied military recruiters access to Harvard's career services because of the military's "don't ask, don't tell" policy that banned openly gay people from serving. Sen. John McCain also cited this action as a main reason for his decision to vote no on Kagan's nomination.
In an op-ed piece posted Wednesday on USA Today's website, the Republican senator from Arizona wrote: "When Kagan was dean of Harvard Law School, she unmistakably discouraged Harvard students from considering a career in the military - even while claiming to do otherwise - by denying military recruiters the same access to Harvard students that was granted to white-shoe law firms. Kagan did so because she believed the military's 'don't ask, don't tell' policy to be 'a profound wrong - a moral injustice of the first order.
"While Kagan is entitled to her opinion, she was not entitled to ignore the law that requires universities to allow military recruiters on campus under terms of equal access with all other recruiters."
The LGBT Bar Association, comprised of legal professionals and gay, lesbian, bisexual and transgender organizations, wrote a June 25 letter to Senate Judiciary Committee Chairman Patrick Leahy endorsing Kagan.
"We look forward to the day when the makeup of the federal judiciary mirrors the diversity of our great country, and we believe the nomination of Ms. Kagan would be a step in that direction," according to the letter.
The Senate Judiciary Committee, of which Isakson is not a member, concluded the confirmation hearing for Kagan to succeed Supreme Court Justice John Paul Stevens, who announced on April 9 he would retire at the end of the Court's term. The judiciary committee is scheduled to vote on Kagan's nomination July 13; however, Isakson's press secretary Sheridan Watson said any member of the panel can request a one-week delay. Watson said the full Senate will likely vote on her nomination before the August recess, which is Aug. 9 through Sept. 10.
Although facing GOP opposition, Kagan, who was confirmed as the 45th solicitor general in March 2009, is expected to be the second Barack Obama selection to sit on the Supreme Court.
Isakson also voted against the president's first choice, Justice Sonia Sotomayor.
A spokeswoman for Chambliss told the Journal Wednesday that the senator is still reviewing testimony from the Judiciary Committee before making his decision on Kagan.












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