In a 2010 post written for CBS, Domenech wrongly described Supreme Court Justice nominee Elena Kagan as potentially the "first openly gay justice." Dan Farber, editor in chief of CBSNews.com, later said in a statement that "after looking at the facts we determined that it was nothing but pure and irresponsible speculation on the blogger's part." Domenech said in an addendum to his column, "I have to correct my text here to say that Kagan is apparently still closeted—odd, because her female partner is rather well known in Harvard circles." In fact, however, numerous reports confirmed that Kagan was not gay, forcing Domenech to issue a public apology to Kagan "if she is offended at all by my repetition of a Harvard rumor in a speculative blog post."