Covering the June 29th Elena Kagan confirmation hearing, Politico’s Josh Gerstein reports:

Republicans are pouncing on the less-than-crystal-clear answer Supreme Court nominee Elena Kagan gave late in Tuesday’s confirmation hearing to a question from Sen. Tom Coburn (R-Okla.) about whether the government has the right to micromanage Americans’ diets.
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While it’s true that Kagan never definitively answered Coburn’s question, the pair spent nearly 10 minutes discussing the issue. In comments she made after the brief [video] clip the GOP posted, Kagan indicated that laws that regulated noneconomic activity, which presumably would include eating, were beyond Congress’s commerce clause power.

How exactly is … Continue Reading