During her hearing, Kagan found herself in the odd spot of defending judicial restraint before senators who usually worry aloud about sending a “judicial activist” to the court.
“Can you name for me any economic activity that the federal government cannot regulate under the commerce clause?” asked Sen. John Cornyn (R- Texas).
“I wouldn’t try to,” Kagan replied, emphasizing that the court has long said lawmakers have broad powers to regulate economic activity.
Just so we’re clear, defending unrestrained federal regulation of any and all economic activity is known as “judicial restraint” in L.A. Times land. Just as a reminder of where such “restraint” can lead us, here’s Senator Coburn addressing Kagan regarding a hypothetical “eat what we tell you to” law:
Thanks to jimboster.
P.S. The theme of the article is that Obama and the Supreme Court are on a “collision course,” which Savage sets up as John Roberts’s revenge for Obama’s State of the Union slap at the Supremes. Savage does his best to dramatize his theme with such hyperbole, but I still came away yawning.
For what it’s worth, Kennedy isn’t planning to go anywhere soon, and the conservatives show no sign of immediately departing either. Obama hasn’t been able to do anything to shift the Court yet. That comes in the second term!