In the course of an editorial the New York Times notes that “Senator Tom Coburn of Oklahoma asked Ms. Kagan a seemingly silly hypothetical about the constitutionality of a law requiring Americans to eat three vegetables and fruits a day.” Allow me to stick up for this hypothetical law. I wouldn’t support it, of course, or consider it constitutional. But it is much less silly than the new requirement that everyone purchase the type of health insurance the federal government demands. Its health impact would be unambigously positive, and compliance wouldn’t be expensive.