CNN poll inadvertently shows false attack on Kagan isn't working

As we noted, a recently-released CNN/Opinion Research poll adopted the false, right-wing attack that as dean of Harvard Law, Elena Kagan “barred military recruiters from campus.” (Kagan, of course, did not bar military recruiters from campus, and Harvard Law students had access to military recruiters during her entire tenure as dean.)

It turns out that, in addition to being false, this attack may not be the silver bullet some had hoped for -- at least as far as the American public is concerned.

According to the poll, when told the falsehood that as a law school dean, Kagan “barred military recruiters from campus because the U.S. did not allow openly gay people to serve in the military,” 39 percent of respondents said they would be less likely to support her nomination, while 40 percent said it made no difference and 19 percent said they would be more likely to support her.

Overall, the poll showed that 54 percent “would like to see the Senate vote in favor of Kagan serving on the Supreme Court,” which, according to CNN Polling Director Keating Holland, is “virtually the same amount of support that Sonia Sotomayor, Samuel Alito, John Roberts, Ruth Bader Ginsburg and Clarence Thomas got shortly after their nominations to the Court.”