Senator Tom Coburn(R-OK) challenges former Obama Solicitor General Elena Kagan on the Commerce Clause the First Amendment. The Commerce Clause Article 1 Section 8 Clause 3 states Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”.
Coburn asks Kagan by asking If Congress passes a law that Congress required All American to eat vegetables. Does the government have the power to tell American’s what to Eat.
Kagan dances around without giving an answer.
She also dances around the issue of being a progressive.
From McClatchy News Service:
A poised Elena Kagan on Tuesday spent the second day of her Supreme Court confirmation hearing fending off Republican efforts to paint her as a liberal activist, saying she’d be a fair, open-minded justice and refusing to call herself a “legal progressive.”
“I honestly don’t know what that label means,” she said.
However, when Kagan was asked later where she stood politically, she said she’d been a Democrat all her life and that ”my political views are generally progressive.”
Kagan looked comfortable most of the time Tuesday, as if she were among old friends, but there were times when she sat alert and even turned combative as Republicans hammered away at issues such as military recruiting at Harvard Law School while she served as its dean.
“I feel like she was not rigorously accurate in describing the whole nature of the circumstance, and so I’m disappointed in it,” said Sen. Jeff Sessions of Alabama , the committee’s senior Republican member.