Sen. John Barrasso (R-WY) wants to hear from Solicitor General Elena Kagan on health care.
One issue in Kagan’s Supreme Court confirmation hearings, Barrasso said on Fox News this morning, “is this whole health care bill that has just come out. There’s a mandate that everybody in the country has to buy a product. That’s a 10th Amendment issue. Twenty states right now are suing the federal government.”
She is going to have to make a decision, if she is on the court, about how that goes forward with these 20 states suing.
Barrasso’s not alone in raising health care as a Supreme Court issue. Sen. Jeff Sessions (R-AL) signaled last month that health care could be the court’s next litmus test.
“I’m gonna wanna hear some answers on that,” Barrasso said this morning. “And this is very different than a year ago with Sotomayor. This was not an issue because we didn’t have this very unpopular health care bill that has been shoved down the throats of the American people.”
This is likely to get to the Supreme Court and I think it’s reasonable to ask a nominee tell us about your view of the 10th amendment.
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