June 30, 2010

Elena Kagan and the delta smelt

By Elena Kagan and the delta smelt

Author: Brandon Middleton

Folks are concerned about Elena Kagan's response (or lack thereof) to Sen. Tom Coburn's questions about Commerce Clause jurisprudence.  And rightly so.  Here it is in case you missed it:

The government that is regulating a noncommercial fish is
the same government that will dictate your nutrition.  That is why
PLF's Commerce Clause appeal against the delta smelt regulations is so
important — not only for those who have been devastated by the
regulatory drought
, but for all those who believe that our
federal government has limited powers.

As Sen. Coburn remarked, the
Commerce Clause has been interpreted in a way that is completely
contrary to the principle of limited government and to what the Founders
intended.  Politicians and bureaucrats can't be trusted– so it is only through litigation, like PLF's delta smelt case,
that we will see the Commerce Clause restored to its original meaning.

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