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 · Kennedy, Sec. of H&HS v. Braidwood Mgmt., Inc. (24-316) · 21 Apr 2025 court

the government comes back there and says, but they have broader authority to to the secretary has broader authority to carry out the provisions. podcast-host

Uh two hundred ninety nine A and the reorg Act, uh they say those together give the Secretary the authority to essentially stand in the shoes, I suppose would be one way to characterize their argument of the director. podcast-host

So that's the premise, not saying you will, but if you do and you just said then you can read the statute to allow the Secretary to appoint podcast-host

That's kind of the end of it. podcast-host

Your argument is something has got to speak specifically to appointment. podcast-host

The general authorities in the Reorganization Act in 299 are not enough. podcast-host

And that is why Hartwell is different, because Hartwell, yeah. podcast-host

purely advisory it uh to pick up on Justice Kagan's point, it's unlikely that Congress just was throwing it out there in terms of who would podcast-host

pull in two ninety nine A, which says the Secretary can carry out, shall carry out the statutory provisions acting through the Director. podcast-host

I mean that's their response to that. podcast-host

Maybe podcast-host

alone would be a problem. podcast-host

I totally agree. podcast-host

But then maybe the you have to figure out how to fix that problem in one way that the government points out is, well, the statute itself essentially fixes that problem because it says that the Secretary podcast-host

uh can carry out the duties of the director. podcast-host

I don't want to belabor it, but I think to Justice Gorsuch's point, which is a good one, they're saying podcast-host

uh constitutional avoidance would say, well, don't read it to be the director in isolation. podcast-host

Read the other provisions which give the secretary authority over the director so that the secretary can do the convening slash appointing and that solves the the constitutional problem. podcast-host

Justice Cabinet, I agree that the Secretary podcast-host

and we have never disputed that. podcast-host

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