In the first case she argued before the Supreme Court as solicitor general, Elena Kagan, President Obama’s pick to join the court, argued that the federal government has the power to ban books it deems to be “political electioneering.”

The stance begs the question how Kagan would respond toward legal challenges levied against political exposés like “The Obama Nation” or “The Manchurian President.”

And even though Kagan testified the federal government has not used that power in 60 years of the relevant law being on the books and wouldn’t be likely to use it, she did affirm that political pamphlets could run afoul of the law as examples of “classic electioneering.” Full Piece