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 monthsRecordings per month over the last 12 months — 53 in all, peaking in Mar 2026 with 10.
Appearances
a clear statement rule or not?
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The reason for a clear statement rule or or clear indication is that the underlying constitutional question is one that
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Um we haven't had to squarely answer for two hundred and thirty six
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courts have to follow that?
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they didn't?
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is that that seems pretty cute to kind of have a collateral dicta and expect everyone to follow that when we're openly saying, under your view, no jurisdiction.
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standard there would be indisputably clear.
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What do you make of the fact that Congress um to your alternative point to Justice Jackson that Congress didn't just end it
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twenty two fifty five H uh after as provided in section twenty two forty four.
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They could have just ended it there and then the cross reference would have been complete, I think, and what are we to make of that other language, if anything?
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Mr. Liu, Justice Gorsuch raises an important point about the surplusage.
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On the other hand, I guess...
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Congress often drafts things to be redundant and overlap, and ordinary people communicate that way, particularly when they're giving instructions to.
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So both, you know, Congress would much rather have overlap than leave a hole.
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Exactly.
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And I think they're too strong into... But how do we know?
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But at the same time, we do have the surplusage canon.
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I mean, the Eskridge book says it's often unrealistic.
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The Scalia book says, you know...
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Sometimes drafters do repeat themselves and do include words that add nothing of substance.
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Showing 3041–3060 of 21,539 · page 153 of 1077
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