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July 20, 2010

Kagan Clears Judiciary Committee

Lindsay Graham was the only Republican voting yes.

As I said on Twitter....I really wish it were Graham that Alvin Greene was up against this year. I'd donate to Greene in that case.

Meanwhile, Tom Coburn lays out part of the case against Kagan(link added)....

The hearings, though, were not merely about Elena Kagan per se but about the political culture and philosophy that shaped her views. Her answers exposed profound flaws in the prevailing Big Government wisdom of the Supreme Court and Washington over the past few decades.

When I asked Kagan whether the Constitution gave Congress the authority to tell people to eat their fruits and vegetables, she answered with appropriate humor. “That would be a dumb law,” she quipped. True enough. Her response was humorous because the underlying premise is absurd both as a matter of common sense and law. Of course, Kagan and everyone else knew I was asking a proxy question about the new health law’s individual mandate and the founder’s intent regarding the Commerce Clause.

What is less humorous is the fact that as a Supreme Court justice, she would signal that Congress does in fact have the right to tell people what to eat and, by implication, whether to buy health insurance. With Kagan on the Court, Congress and the executive branch may succeed at sweeping away whatever limitations remain on its power to micromanage the decisions of states and individuals.



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posted by DrewM. at 12:37 PM

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