Elena Kagan and the Vegetables

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Supreme Court confirmation hearings are little more than figurative jokes these days, but the LA Times tells me that today’s questioning of Elena Kagan was literally a joke:

Perhaps no amount of cramming could have readied her for the question asked of her by Republican Sen. Tom Coburn of Oklahoma: Can the government, he wondered, pass a law forcing Americans to eat fruits and vegetables?

To Kagan, at first blush, the question must have seemed absurd, maybe even a joke. “It sounds like a dumb law,” she replied off the cuff. Then, realizing Coburn was serious, she segued into sort of the windy, contextual, cautious analysis that she has employed to answer most of the questions asked of her over the last two days.

But she had fallen into Coburn’s trap by answering more like the law professor she is than by simply responding like most people would. She never just said: “Of course it can’t.”

Within hours, a video detailing the exchange was atop the Drudge Report website, hundreds of thousands had viewed it on YouTube, and conservatives were having a field day. Her equivocation fit ideally with the narrative Republicans are trying to fashion during these hearings — a story of a federal government out of control and a Congress running amok.

We are truly ruled by idiots. At least, we will be if Republicans win control of Congress in November. Be afraid. Be very afraid.

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THE BIG PICTURE

You expect the big picture, and it's our job at Mother Jones to give it to you. And right now, so many of the troubles we face are the making not of a virus, but of the quest for profit, political or economic (and not just from the man in the White House who could have offered leadership and comfort but instead gave us bleach).

In "News Is Just Like Waste Management," we unpack what the coronavirus crisis has meant for journalism, including Mother Jones’, and how we can rise to the challenge. If you're able to, this is a critical moment to support our nonprofit journalism with a donation: We've scoured our budget and made the cuts we can without impairing our mission, and we hope to raise $400,000 from our community of online readers to help keep our big reporting projects going because this extraordinary pandemic-plus-election year is no time to pull back.

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