Spitzer replied: "I guess you could say moderate....it's very hard to pigeon hole her." Rodriguez's question was prompted by his insistence that Kagan "is not an ideologue of the Left or the Right and that is clear from what she did as dean of Harvard Law School. Just a perfect temperament to be a justice." Of course, during Kagan's tenure as dean of Harvard Law, she pushed for military recruiters to be barred from campus  because of her opposition to 'Don't Ask, Don't Tell' policy.
Rodriguez wondered about Kagan's college days: "Can you think of a story or an anecdote from back then?" Spitzer recalled: "a friend and I were going back and forth about who could eat more, she goaded us into having a spaghetti eating contest." Rodriguez looked for the best way to spin the story to make it relevant: "I'm trying to take something from that, could it be that she's persuasive, can bring people together, which is what the President is hoping?" In response, Spitzer declared that once on the Supreme Court, Kagan "will get the fifth vote."