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 · USPS v. Konan (24-351) · 8 Oct 2025 court

And I think that's right. podcast-host

But how do we tell? podcast-host

Yeah, I podcast-host

you. podcast-host

Appreciate podcast-host

On Dolan, it's got a pretty straightforward sentence summarizing what it thought the rule would be. podcast-host

I mean, deviating from that response, what concerns would you have about deviating from what the court said in 2006? podcast-host

Your reading of that sentence from Dolan to Justice Thomas is podcast-host

I thought it was a bit aggressive on the general rule. podcast-host

The court was there specifically distinguishing the general rule from having a case-by-case determination. podcast-host

I thought it was articulating a general rule, but that would apply across the board. podcast-host

But more importantly... podcast-host

kind of statutory stare decisis, even if that doesn't formally apply, just we set forth the rule and Congress hasn't changed it. podcast-host

And this would come, I think, as a little bit of a surprise to Congress, which would probably have to address it pretty quickly. podcast-host

well. podcast-host

If miscarriage is... I'm sorry. podcast-host

Assume... Go ahead. podcast-host

If miscarriage does cover wrongful conduct, so let's assume that, which is contrary to what you've been assuming, but assume miscarriage covers intentional wrongful conduct, then... podcast-host

Your arguments are? podcast-host

You're not conceding podcast-host

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