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.