Past, Present and Future Justice

July 2, 2010  |  

(New York Times) — Everyone will have a favorite moment from Elena Kagan’s Supreme Court confirmation hearing: the nominee’s crack about spending Christmas Day in a Chinese restaurant, for example, or Senator Tom Coburn’s too-clever-by-half effort to draw out her views on the constitutionality of the health-care mandate by asking whether Congress could require every American “to eat three vegetables and three fruits every day.” (Of course Solicitor General Kagan knew what the Oklahoma Republican was driving at, but she wasn’t about to play. “It sounds like a dumb law,” she replied.)

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