Sunday, June 27, 2010

Questions for Elena Kagan

I don't know what will happen when the Senate Judiciary Committee grills Obama's Supreme Court nominee, but I hope at least one member reads George Will's column and uses some of his suggested questions. They are all worth reading, but here are my three favorites:

The government having decided that Chrysler's survival is an urgent national necessity, could it decide that "Cash for Clunkers" is too indirect a subsidy and instead mandate that people buy Chrysler products? ...Can you name a human endeavor that Congress cannot regulate on the pretense that the endeavor affects interstate commerce? ...Should proper respect for precedent prevent the court from reversing Kelo? If so, was the court wrong to undo the 1896 ruling in Plessy v. Ferguson that segregating the races with "separate but equal" facilities is constitutional?

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