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
10 · Mar OctJan 26AprJulnow

Recordings per month over the last 12 months — 53 in all, peaking in Mar 2026 with 10.

Appearances

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I don't know that it I'm sorry, keep going. podcast-host
I don't don't think magic words is uh the proper term. podcast-host
Just the what words convey rights unambiguously convey rights creating language. podcast-host
And we take a step back and maybe this podcast-host
Is what's podcast-host
the broader separation of powers concern. podcast-host
The broader separation of powers concern is the Congress creates rights of action and remedies, not the court. podcast-host
And in Gonzaga and that wasn't really the view in the seventies and eighties. podcast-host
Uh and in Gonzaga the court specifically linked this issue, this podcast-host
uh issue with the implied rights of action case law. podcast-host
And since Gonzaga and that other implied rights of action, we have really tightened up, whether it's Bivens or otherwise, and said essentially that far and no further. podcast-host
And I'm wondering how we should square Gonzaga's linkage of those two lines of cases. podcast-host
If we said something like podcast-host
th that here or how you think we should just deal with the fact that we no longer really engage in the process of creating implied rights of action or implying inferring rights of action because we leave it to Congress. podcast-host
On the alternative enforcement mechanism though, uh we did say in Gonzaga that that is is relevant. podcast-host
Uh the fact that there is one buttresses the conclusion that those provisions fail to confer enforceable rights was the language podcast-host
in Gonzaga. podcast-host
So um podcast-host
You agree with that language? podcast-host
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