One of the most important matters likely to come before the U.S. Supreme Court in the near future is the constitutionality of the healthcare bill passed a little more than a hundred days ago. Does the Constitution permit the government to order a citizen to buy a product (healthcare insurance) or does this impede our rights?

 The outcome of this ruling will determine whether the administration gets to “fundamentally change” the United States or not. If it stands, and if the legislation is not repealed, future citizens will grow up in a radically different United States from the one we knew growing up.

 Barring unforeseen developments, Elena Kagan will be sitting on the Supreme Court when the case against healthcare legislation by 21 state attorneys general comes before the Court. It’s been said that Robert Bork is the last nominee to answer the questions in a confirmation hearing. y, Kagan danced around so many questions that, if she doesn’t become a justice, she could get a gig on American Idol.

We do not know the nature of her involvement in the development of legal arguments in favor of the legislation. This is something that should have been pinned down so that, if appropriate, we can be sure of recusal when the case is decided. As her famous vegetables exchange reveals she would favor expansion of the Commerce clause, ironically written to limit federal power, the main issue of the healthcare challenge.