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.

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Supreme Court of the United States · Fuld v. PLO (24-20) · 1 Apr 2025 court

And Congress and the President have agreed acting pursuant to the national security and foreign policy principles set forth in the Constitution on what the proper rule here is, correct? podcast-host

That is podcast-host

yes. podcast-host

And there's no doubt that in terms of regulating the conduct that they acted pursuant to those podcast-host

Article I powers, the Article I and Article II powers, correct? podcast-host

Right. podcast-host

And podcast-host

So it seems like, you know, it's Youngstown Category 1 situation where the President and Congress have acted together. podcast-host

Now, there is still a role for judicial review to make sure they're not crossing some other constitutional line, but usually that's a very podcast-host

sensitive judgment for a federal court to make, and usually we would require something in either the text of the Constitution or in the historical practice over the years that would suggest some principle that the courts could rely on that would disagree with the foreign policy and national security judgment of Congress and the President acting together. podcast-host

to weigh. podcast-host

Congress podcast-host

I mean, I think you're going to agree with what I'm about to say, but Congress and the president are the ones who make fairness judgments when we're talking about the national security and foreign policy of the United States, unless it crosses some other textually or historically rooted constitutional principle. podcast-host

Courts shouldn't be coming in, I don't think, without that and saying, podcast-host

Gee, what Congress and the President are doing here to advance the national security and foreign policy interests of the United States strikes us, you know, from our perch, as unfair. podcast-host

security. podcast-host

And that's why you see bipartisan amicus briefs from the House of Representatives, bipartisan amicus briefs from the Senate. podcast-host

This is not, this is a podcast-host

consider judgment that is across the two branches. podcast-host

So I think you said you started with great deference as the principal, and I agree with that, obviously, based on what I've said so far. podcast-host

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