From Kaiser Health News - blog survey.
April Fulton of NPR’s Shots Blog describes an exchange Tuesday between Sen. Tom Coburn, R-Okla. and Kagan: “An ardent opponent of the health care law, Coburn asked Kagan whether it would be constitutional if Congress required Americans to eat three vegetables and fruits a day to save on health costs. ‘Sounds like a dumb law,’ Kagan said. ‘But I think that the question of whether it’s a dumb law is different from … the question of whether it’s constitutional and I think that courts would be wrong to strike down laws that they think are senseless just because they’re senseless.’”
Caroline May of The Daily Caller writes of the exchange, “Her non-answer has made some question Kagan’s views on how much power the government can exert over its citizens. John Hart, Coburn’s communications director, told The Daily Caller, ‘I think what she said reflects a belief that the Constitution does not protect the individual rights the founders intended to protect.’ Hart said the senator was pointing out that there is a whole group of leaders who have eroded the original intent of the commerce clause to usurp the rights of Americans.”
I don't have any agenda for the Supreme Court. All I want is for the judiciary in the US to develop some capacity to investigate terrorist organizations with domestic cells. Kagan doesn't impress me as a person with an agenda. In fact, she strikes me as a careerist incapable of sustaining a vision. She's neutral all the way to her beige stockinged toes. Interesting question though.