Kagan: For Fruits But Not for Liberty

By Washington Times, Washington Times - July 8, 2010

Liberty as Americans always have understood it appears an alien concept to Supreme Court nominee Elena Kagan. Last week's Senate Judiciary Committee hearings made clear that Solicitor General Kagan views the federal government's power as almost unlimited.

With an eye on the mandates contained in Obamacare, Sen. Tom Coburn, Oklahoma Republican, asked Ms. Kagan if a Congress that purportedly has the power to force people to buy health insurance could also tell Americans they must buy and eat "three vegetables and three fruits every day." Ms. Kagan's misleading response: "I think that the question of whether it's a dumb law is different from the question of whether it's constitutional, and I think that courts would be wrong to strike down laws that they think are senseless just because they're senseless."

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