Brett M. Kavanaugh

speaker

21,539 appearances 451 recordings 1 series first heard Jan 2018 last heard 29 Apr

Brett M. Kavanaugh’s voice in public audio — every appearance, attributed to the second.

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recordings per month · last 12 months

Recordings per month over the last 12 months — 53 in all, peaking in Mar 2026 with 10.

Appearances

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Supreme Court of the United States · Landor v. LA DOC (23-1197) · 10 Nov 2025 court

jurisprudence is you need more of a clear statement to get all the way there for damages. podcast-host

And podcast-host

just to summarize your position, individual capacity action with appropriate relief is podcast-host

Right. podcast-host

Equals clear authorization for damages, correct? podcast-host

Cavanaugh? podcast-host

You agree that the spending clause statute must unambiguously authorize damages in order for damages to be available, correct? podcast-host

Okay, and do you have any differences with Petitioner on why you think this statute, RELUPA, clearly authorizes damages? podcast-host

And I'm not saying whether I agree with this or not, but just to get the podcast-host

Order of potential operations on the table. podcast-host

If we were to conclude that this statute does not clearly unambiguously authorize damages, that avoids all the groundbreaking issues that you've been discussing, correct? podcast-host

My specific question was the groundbreaking consequences you were discussing. podcast-host

That would be put off for another day, correct? podcast-host

though you think, and I take your point, and that's why I said I'm not saying whether I agree with this or not, there would be RELUPA consequences. podcast-host

You say RELUPA does not unambiguously authorize a damages remedy. podcast-host

This is Justice Kagan's kind of bar of clarity point. podcast-host

The other side says the statute clearly authorizes individual capacity suits, so that traditionally has encompassed damages, and then they cite Tansin on top of that. podcast-host

And I just want to make sure I have your responses. podcast-host

to that podcast-host

Supreme Court of the United States · Learning Resources, Inc. v. Trump, President of U.S. (24-1287) · 5 Nov 2025 court

What's the significance of the Nixon example and precedent here? 'Cause I think figuring that out is real important to deciding this case correctly. podcast-host

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