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 · Hencely v. Fluor Corp. (24-924) · 3 Nov 2025 court

And so Congress looking at this area podcast-host

The idea that state tort law is going to regulate what goes on in Bagram, I think Congress would be like, hmm, sounds podcast-host

Way out there uh and not something that they need to get involved in because of the doctrine, as as Crosby says, that is de t dependently applied. podcast-host

contractors, though. podcast-host

Especially through a federal. podcast-host

I mean, there's been a lot of discussion in the case law about how you distinguish field and conflict, but uh you know, field preemption in an area of uniquely federal interest, uh you know, you can call it conflict, you can call it field, but the word field has been in our case law at times on this kind of thing. podcast-host

I'll stop there, but I want to get that comment. podcast-host

based on choice of law principles? podcast-host

I you know, i it's certainly possible, Your Honor. podcast-host

So it is possible that a a suit against a military con contractor at a in a war zone could be based on the enemy's law. podcast-host

Can I circle back to something Justice Alito asked? podcast-host

And you said yes, I believe, but correct me if I'm wrong. podcast-host

And I wanted to know is uniquely federal interest a branch of constitutional preemption in your view? podcast-host

We believe it's it's a branch of federal common law preemption, Your Honor. podcast-host

What's the difference then between what you're calling constitutional preemption and federal common law preemption as to the concept of uniquely federal interest or is there any difference at all? podcast-host

Unless Congress specifies otherwise, always important to put that on there. podcast-host

Congress could provide for state tort law in this area. podcast-host

That's m that's my point, which is podcast-host

This whole whole case in my view starts with what's your baseline with state tort law regulating military contractors in a war zone. podcast-host

Is your baseline that Congress has to speak to displace that or that Congress has to speak to provide for that? podcast-host

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