Kagan: Courts should give deference to Congress

WASHINGTON — Supreme Court nominee Elena Kagan isn't speaking directly about a lawsuit by states challenging President Barack Obama's health care overhaul, but she is indicating the government has broad rights in cases like it.

Kagan was addressing Republican Sen. John Cornyn, who noted that many Americans are unhappy that Congress can require people to purchase health coverage and penalize them if they don't. Cornyn wondered whether the high court had any real power to limit the role of government.

Without answering directly, Kagan responded that "the state of the law is to grant broad deference to Congress." She says under the Constitution, courts will generally step in only if the legislation concerns a non-economic activity or it involves an area traditionally handled by the states.