Rand gets fact-checked

From FactCheck.org:

Sen. Rand Paul of Kentucky wrongly claimed that Supreme Court Justice Elena Kagan, during her confirmation hearings, agreed that "the government through the commerce clause could regulate that you eat three vegetables a day."

...In talking about the constitutionality of the health care law, Sen. Rand Paul of Kentucky distorted a comment by Supreme Court Justice Elena Kagan. Paul recounted an exchange between Oklahoma Sen. Tom Coburn and then-nominee Kagan during her confirmation hearings. Coburn was alluding to the debate over whether the commerce clause of the Constitution would allow the federal government to require individuals to purchase health insurance:

Paul, Feb. 10: Recently Sen. Coburn in one of the committee hearings asked Elena Kagan, he said, well do you think the government through the commerce clause could regulate that you eat three vegetables a day. Her response was yes.

Kagan’s response was not “yes.”