harvard wasn t one of them but when dean kagan signed on individually to a brief that went all the way to the supreme court, that group, including kagan lost in a unanimous decision. kagan respected that she had to allow recruiters on campus but did express regret to that. in a memo she wrote, quote, i believe the military s discriminatory employment policy is deeply wrong, both unwise and unjust. jane? jane: her critics say it s not just about the don t ask don t tell policy, they say they think there s a bigger problem. what do they mean? they re worried that kagan is not going to give what the judicial branch is often given in the military when it comes to its own pollises and that s deference. here s what kerry sebarino of the jucial department says. this is a concern not because of only the disrespect at the time of war but this is an indication where she may have let her ideological beliefs of the don t ask don t tell policy cloud her