Tom Coburn Does it Again

In a rather nasty article, Senator Coburn of Oklahoma attacks Elena Kagan saying she will "violate her oath" as soon as sworn in. By this he means that she does not ascribe to his right-wing judicial philosophy, not much more. Coburn's article is worth reading because it is such a prime example of what is wrong with right-wing views on the constitution. I sort of recommend it for that reason. Can the government mandate you eat vegetables? Surely, he says, that obviously is a proxy question for "can the government require purchase of health insurance." It is, but it's a dumb law, as Kagan said. She didn't go into why it's dumb, but here it is: the government could tax everyone for health insurance, just like social security. The issue is nowhere near the invasion of personal liberty - dare I say, the right of privacy? - entailed in a federal instruction about what to put in your body (eat).

Kagan also declined to talk about "natural rights" in the cosntitution. By that she declined to say that the constitution should be interpreted according to some divine "natural rights" idea. I think Thomas is the only justice who believes that his view of "natural rights" trumps anything in the constitution. That view would normally be conceived of as quite liberal if it meant, say, the right to privacy rather than what Thomas thinks.

Read Coburn's piece. Be glad he isn't on the court.