Another absolutely horrid argument by Solicitor General Elana Kagan before the Supreme Court of the United States.

She’s arguing that it would be fine if the government were able to ban books because the FEC would never really enforce such a provision. In other words, your First Amendment rights should rely on the mood of an FEC bureaucrat that particular afternoon.

Stay with it until the end, when Justice Antonin Scalia tears up her argument as laughable and dangerous. You don’t allow a dangerous law and then say “Don’t worry, it’s unlikely we’ll ever really use that against you.” The First Amendment should never rely on the mood of a federal bureaucrat on a Tuesday afternoon.

If confirmed by the Senate, Kagan will serve on the nation’s highest court for life.