John Kennedy
๐ค SpeakerAppearances Over Time
Podcast Appearances
Well, in this particular case, we have deliberately not presented the merits to this court on the question of the scope of remedies, because, of course, that makes it a clean vehicle where the court doesn't have to look at it.
Well, in this particular case, we have deliberately not presented the merits to this court on the question of the scope of remedies, because, of course, that makes it a clean vehicle where the court doesn't have to look at it.
Again, I respectfully disagree with that forecast of the merits, but In response to the question, what I would say is we have an adversarial system. And if the government is not, for example, not respecting circuit precedent on the courts hypothetical in the Second Circuit, someone injured in the Second Circuit could take the case up.
Again, I respectfully disagree with that forecast of the merits, but In response to the question, what I would say is we have an adversarial system. And if the government is not, for example, not respecting circuit precedent on the courts hypothetical in the Second Circuit, someone injured in the Second Circuit could take the case up.
Again, I respectfully disagree with that forecast of the merits, but In response to the question, what I would say is we have an adversarial system. And if the government is not, for example, not respecting circuit precedent on the courts hypothetical in the Second Circuit, someone injured in the Second Circuit could take the case up.
And they could say, look, the government is violating circuit precedent on the hypothetical multiple circuits. That's the case we're going to take?
And they could say, look, the government is violating circuit precedent on the hypothetical multiple circuits. That's the case we're going to take?
And they could say, look, the government is violating circuit precedent on the hypothetical multiple circuits. That's the case we're going to take?
Our general practice is to respect those precedents. But there are circumstances when it is not a categorical practice.
Our general practice is to respect those precedents. But there are circumstances when it is not a categorical practice.
Our general practice is to respect those precedents. But there are circumstances when it is not a categorical practice.
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
As I understand it, longstanding policy of the Department of Justice. Yes, that we generally, as it was phrased to me, generally respect circuit precedent, but not necessarily in every case. And some examples might be a situation where we're litigating to try and get that circuit precedent overruled and so forth.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
And again, and I think in the vast majority of instances, our practice has been to respect the opinion as well. in the circuits as well. But my understanding is that has not been a categorical practice in the way respect for the precedents and the judgments of the Supreme Court has been.
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.
That is correct. I believe the quotation from our application directly addresses that, and we stand by that completely.