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

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

Uh on that power though, and you've said this many times and Mr. podcast-host

Catiel too, and I and look, I get this, obviously, but the court has repeatedly said a tariff on foreign imports is an exercise of the commerce power, not podcast-host

of the taxation power. podcast-host

And and I'm repeating some but John Marshall said that and Joseph Story and Chief Justice Hughes in the nineteen thirty three case and podcast-host

We have said that quite a bit of time, which seems to at least undermine a bit your point that it is an entirely different power, because if it is foreign commerce power, it is the same power that Justice Barrett was talking about of just embargoing trade with the entire world, which you admit is in this statute. podcast-host

context point the context of this statute what a Congress would have understood podcast-host

It's an emergency statute. podcast-host

uh and presumably Congress wants to give the President tools to respond to the emergency in an appropriate way. podcast-host

And it seems odd. podcast-host

to imagine a uh a meeting in the Oval Office where the President's told podcast-host

Well we have a problem with I won't name a country, but uh country uh X and podcast-host

You can stop all trade with that country. podcast-host

I mean I'm not sure that's a you know podcast-host

wise policy to give that much, but it's there, right? podcast-host

You agree it's in this statute. podcast-host

But podcast-host

And the president says, Well that's too extreme. podcast-host

I want to calibrate my response to deal with this and maybe a uh you know, a tariff of some kind. podcast-host

Like, oh you can't do that. podcast-host

So you're forcing the president podcast-host

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