Just Say No!


Kagan can’t do it. A softball question on whether there’s a limit to the liberal willingness to let the commerce clause destroy the intentions of the Founders, and she just won’t take a swing at it.

Sen. Tom Coburn (R-Okla.) asked Kagan about the (health care) law in a round-about way late today. He gave her a hypothetical: What if Congress passed a law requiring Americans to eat a certain number of fruits and vegetables?

“Do we have the power to tell people what to eat every day?” Coburn asked.

And she’s supposed to be such a good softball player.

He asked what restrictions there are on Congress’ authority to regulate economic activity under the Constitution’s commerce clause. But Kagan declined to go much further than to cite the Court’s power to strike down laws that fall outside established parameters.

Republicans should filibuster.

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