During her confirmation hearings yesterday, Supreme Court nominee Elena Kagan was questioned by Senator Tom Coburn (R-Okla.) on an issue near and dear to ACSH: Does the U.S. government have the authority to tell the American public what they can and cannot eat?
Kagan responded, The question of whether it s a dumb law is different from whether the question of whether it s constitutional.
Courts would be wrong to strike down laws that they think are senseless just because they re senseless, continued Kagan.
During her confirmation hearings yesterday, Supreme Court nominee Elena Kagan was questioned by Senator Tom Coburn (R-Okla.) on an issue near and dear to ACSH: Does the U.S. government have the authority to tell the American public what they can and cannot eat?
Kagan responded, The question of whether it s a dumb law is different from whether the question of whether it s constitutional.
Courts would be wrong to strike down laws that they think are senseless just because they re senseless, continued Kagan.
It s interesting to note, says ACSH s Jeff Stier, that as the Senate decides on whether to confirm a judge for the U.S. Supreme Court, one of ACSH s issues comes up.
