A Few Questions for Elena Kagan

Posed by George Will …

Given Elena Kagan’s aversion to “vapid and hollow” confirmation hearings devoid of “legal analysis,” beginning Monday she might relish answering these questions:

• It would be naughty to ask you about litigation heading for the Supreme Court concerning this: Does Congress have the right, under its enumerated power to regulate interstate commerce, to punish the inactivity of not purchasing health insurance?

So, instead answer this harmless hypothetical: If Congress decides interstate commerce is substantially affected by the costs of obesity, may Congress require obese people to purchase participation in programs such as Weight Watchers? If not, why not?

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