Kagan Stalls on Commerce Clause

Senator Tom Coburn (R-OK) asks Supreme Court nominee, Elena Kagan, if a law saying Americans had to eat three fruits and three vegetables every day is supported by the Commerce Clause in the U.S. Constitution. Coburn’s question is analogous to the healthcare law passed, and supposedly made legal by the Commerce Clause. See the video below.

Elena Kagan

Kagan would not answer the real question. She understood that Coburn was asking about healthcare legislation, but said passing a law requiring everyone to eat three fruits and vegetables a day would be a “dumb law.”  Her answer? She thinks:

 “courts would be wrong to strike down laws that are senseless just because they are senseless.”

Many do not believe the healthcare law will pass Supreme Court scrutiny, because it allows the government to require everyone in the U.S. to buy a produce (health insurance), and if they do not, they will be penalized by the government. In other words, citizens will be penalized for DOING NOTHING.

Related is this article on Elena Kagan changing expert witness’ recommendations on partial-birth abortion – lies that made it all the way to the Supreme Court.


Elena Kagan and Senator Tom Coburn on Commerce Clause (video)