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Liberals, including kagan who worked for president obama. >> laura: 5-4 on the commerce issue. >> the language in the majority opinion, which she joined, was scathing for him. i mean they went on and said congress has never tried to go this far before. the commerce clause is not a general license to regulate any individual from cradle to grave. that -- there has been some limitation on the congress' power under that clause. >> i would say it's limited the congress clause but exploded the -- what it means to tax. that's great. but creates other problem. can we get to holder? i'm dying to know w...

Liberals, including kagan who worked for president obama. >> laura: 5-4 on the commerce issue. >> the language in the majority opinion, which she joined, was scathing for him. i mean they went on and said congress has never tried to g b. the commerce clause is not a general license to regulate any individual from cradle to grave. that -- there has been some limitation on the congress' power under that clause. >> i would say it's limited the congress clause but exploded the -- what it means to tax. that's great. but creates other problem. can we get to holder? i'm dying to know what you think a...

Liberals, including kagan who worked for president obama. >> laura: 5-4 on the commerce issue. >> the language in the majority opinion, which she joined, was scathing for him. i mean they went on and said congress has never tried to go this far before. the commerce clause is not a general license to regulate any individual from cradle to grave. that -- there has been some limitation on the congress' power under that clause. >> i would say it's limited the congress clause but exploded the -- what it means to tax. that's great. but creates other problem. can we get to holder? i'm dying to know w...

Kagan faced a second straight day of questioning today and continued to dodge questions about specific cases, as well as counter republican efforts to portray her as a liberal activist. we'll have much more, including kagan's wicked sense of humor later on in this hour. 99-0 was the senate vote to confirm general david petraeus as the top u.s. commandner afghanistan. petraeus takes over for general stanley mcchrystal who was relieved of his command after making controversial remarks about the president and other administration officials in a recently published article in "rolling stone." gener...

Opinion? >> no. >> bill: it's possible they do. >> to some extent they all have an ideology and a legal philosophy that they bring with them. >> bill: she is extreme. >> no, she is not. she is not the extreme. >> bill: oh, man. >> you picked on the wrong justice. i have to say she is not even the most liberal justice on the high court. justice stevens is. the one who is leaving. >> bill: that may be. so but the reason i picked on her. >> to the right including kagan. >> bill: that may be. so the reason i picked on her is because her dissent is smacked full of her opinion. >> can i make one oth...