Newt Gingrich is among those who have noted a serious chink in the protective armor the Obama administration and Elena Kagan's other defenders have tried to throw up around her Supreme Court nomination. The vulnerability has taken on increased importance insofar as it involves one of the few concrete positions or actions taken by the nominee in a long career almost completely bereft of written or spoken positions that shed light on her judgment and potential judicial philosophy.

It turns out that, at the very moment Ms. Kagan was pushing aggressively to remove military recruiters from the Harvard Law School campus during her tenure as its dean, she was very supportive of having what amounted to Saudi recruiters ensconced there for the purpose of enlisting some of the nation's finest young lawyers to work for the industry known as Shariah-Compliant Finance (SCF).

The first insight this record suggests is that Ms. Kagan's true motivation in barring the armed forces was, indeed, an animus towards the military, rather than concern about its supposed mistreatment of homosexuals. After all, the theo-political-military-legal code that authoritative Islam calls "Shariah" and that is the law of the land in Saudi Arabia is infinitely more homophobic than the Pentagon's efforts to enforce the U.S. statute that prohibits avowed gays and lesbians from serving in uniform. The former requires the murder of homosexuals; the latter simply kept them out of the ranks.

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