I think both sides of these confirmation hearings make fools out of themselves each time we go through this, but that she was unable to not readily
admit that the Commerce Clause does not give the government the right to dictate what we can and can not eat is troubling to say the least.
Obviously the come back from Cobourn was that if the commerce clause did not allow the government to dictate what we could eat, hence force us to
purchase a specific type of food, how could the Commerce Clause be used to dictate that we purchase health insurance?
It was a very clever question, and clearly she did not have the ability to think quickly enough on her feet to give an answer. This parsing is
obviously due to the way these folks have been treated in the past where every statement is taken out of context.
Kagan will get confirmed unless she really steps in it and that is a shame, as nobody with out judicial experience should sit on the Supreme Court.
I can not imagine a conservative nominee who suggested that books be banned not already shot down in flames in the first day of the confirmation
hearings.
Clearly the country can do better than this.
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