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
And the other point there's no other form of military compensation where the limitations period is inapplicable, correct?
podcast-host
If if we do what you say and say that there is no
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uh unique standard in the school's context, it will still be open to the court on remand to decide which standard is appropriate throughout, correct?
podcast-host
it could rethink that press.
podcast-host
In other words, you're saying to leave open the question of whether the proper standard is deliberate indifference or instead is bad faith or gross misjudgment, and that that can be considered on remand and can be considered by other courts of appeals to the Chief Justice's question that have this uh carve out or separate rule for schools.
podcast-host
Uh point taken on that.
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And then what can you explain
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uh the delta between on the one hand deliberate indifference, at least as the Solicitor General defines it, and bad faith or gross misjudgment on the other hand, because the way they define deliberate indifference sounds a lot like someone
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Acting in bad faith.
podcast-host
what their what is the difference between deliberate indifference and bad faith?
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indifference, as the Solicitor General at least is articulating it, and I don't know if you agree or disagree, you would have to know that you have a legal obligation to do something.
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or substantially likely, uh and still not act.
podcast-host
So if you know you're supposed to do something as a matter of law and don't act, that's you know, that s sounds like bad
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A couple of follow-ups.
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You agree that there is an intent requirement for damages claims, but you say it is deliberate indifference, correct?
podcast-host
It sounds close to a yes.
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Do you agree with the SG's formulation of deliberate indifference?
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Any problems with how they formulate it in their brief?
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Well on that point in my last question there's a lot of line drawing that has to go on in this context, I think, with school districts deciding whether to provide services to four thirty PM or until six PM.
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And that's a very
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Showing 3641–3660 of 21,539 · page 183 of 1077
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