Rare Interesting Moment from Senate Supreme Court Conf. Hearing: Kagan Declines To Say Gov’t Has No Power to Tell Americans What To Eat

June 29, 2010

The confirmation hearing of Supreme Court nominee Elena Kagan consists of long speeches from senators and Kagan working hard on saying nothing.

But here is a rare moment of interest. Senator Coburn asks Kagan if it would be unconstitutional for the government to mandate that Americans have to eat “three vegetables and three fruits every day”. Incredibly, Kagan is unwilling to say that it is unconstitutional to “tell the people what we have to eat every day.”

For most of the rest of the hearing, we find ourselves in the strange position of sympathizing with failed humorist and Minnesota senator, Al Franken, who has trouble staying awake.

More interesting insights into our next Supreme Court Justice: Supreme Court Nominee Kagan: Its Fine if The Law Bans Books Because Government Won’t Really Enforce It

It is time to change the expectations for Supreme Court nomination hearings and demand that nominees who will be on the Court for the rest of their lives actually tell us about their judicial philosophy.

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