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

Taxation's different and you gotta stick with that line. podcast-host

In the history of trade trade efforts to respond and push back, you're taking one away. podcast-host

Supreme Court of the United States · Hencely v. Fluor Corp. (24-924) · 3 Nov 2025 court

What do you do with the entire text and history of the Constitution which says uh war podcast-host

making war fighting in combat zones is a federal interest and the states, Article one, Section ten and otherwise, uh have nothing to do with uh podcast-host

how America conducts its operations in a combat zone. podcast-host

Well in a in a war zone though, in a combat zone, um podcast-host

Uh we have a long a line of cases, Garramendi, Crosby, you know all the cases. podcast-host

Put aside Boyle. podcast-host

Boyle footnote four talks about this, but not Boyle the rest of it, that says that there are certain areas where there's a uniquely federal interest, uh and in those areas the usual uh preemption rules don't apply, that we expect Congress actually to speak clearly podcast-host

uh if they want to provide for something like state tort suits. podcast-host

And that's so that's flipped. podcast-host

And it would think if you're talking about uniquely federal interests, there's nothing that's more uniquely federal than successfully fighting a war in a combat podcast-host

how the military structures its operations at Bagram, or can South Carolina regulate it? podcast-host

And and you know that raises another question here, which is pointed out by Judge Soberman in his opinion on this, which you're familiar with, which is can fifty different jurisdictions regulate what's going on at Bagram? podcast-host

Well I agree with that, so I don't want this to sound like I disagree with that. podcast-host

Congress can certainly act. podcast-host

The question is what's the baseline? podcast-host

So the baseline I thought under our case law going back way back, if it's a uniquely federal interest, we have lots of cases saying something along those lines that podcast-host

uh we required a c Congress to act to allow such suits and and we've said in you know Crosby, for example, podcast-host

Uh a failure to provide for preemption expressly may reflect nothing more than the settled character of implied preemption doctrine that courts will dependably apply. podcast-host

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