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
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.
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Just the what words convey rights unambiguously convey rights creating language.
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And we take a step back and maybe this
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Is what's
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the broader separation of powers concern.
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The broader separation of powers concern is the Congress creates rights of action and remedies, not the court.
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And in Gonzaga and that wasn't really the view in the seventies and eighties.
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Uh and in Gonzaga the court specifically linked this issue, this
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uh issue with the implied rights of action case law.
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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.
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And I'm wondering how we should square Gonzaga's linkage of those two lines of cases.
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If we said something like
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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.
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Uh the fact that there is one buttresses the conclusion that those provisions fail to confer enforceable rights was the language
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in Gonzaga.
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So um
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You agree with that language?
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Showing 3981–4000 of 21,539 · page 200 of 1077
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